On March 30, the U.S. District Court for the Eastern District of New York dismissed a Fair Debt Collection Practices Act case in favor of a debt collector, finding that the use of the Miller safe harbor language in its collection letter did not violate the FDCPA. In granting the debt collector’s motion, the Court
On March 19, the United States District Court for the Western District of New York granted summary judgment to a debt collector who was sued for allegedly violating the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, by including language in a form letter that referred to the tax implications of accepting a settlement
We previously reported on the Seventh Circuit Court of Appeals’ decision in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 864 F.3d 492 (7th Cir. 2017). In Oliva, the sharply-divided Seventh Circuit held that the debt collector was liable under the Fair Debt Collection Practices Act even though the collector followed a longstanding
The United States Court of Appeals for the Seventh Circuit recently affirmed a lower court decision finding that a debt collector’s verification and investigation of a consumer’s disputes through its review of records obtained from the creditor was both satisfactory under the Fair Debt Collection Practices Act and reasonable under the Fair Credit Reporting Act.
On March 21, the House Financial Services Committee voted 35-25 to approve a bill that would amend the Fair Debt Collection Practices Act to exclude lawyers and law firms from the definition of a “debt collector” when such entities are engaged in “activities related to legal proceedings.” Introduced by Rep. Alex Mooney (R-W.Va.) in February,
On March 22, 2018, the Eastern District of New York granted summary judgment to a collection agency in a “current account balance” case. Specifically, the Court found no violation of the FDCPA because in its letter the debt collector did not have to notify the consumer that her balance may increase and the creditor was
On March 29, 2018, the United States Court of Appeals for the Second Circuit rendered a long-awaited opinion in what is commonly called a “reverse-Avila” or “current account balance” case, holding that it is not a violation of the Fair Debt Collection Practices Act (“FDCPA”) for a debt collector to state a consumer’s
On February 16, a judge in the Eastern District of New York denied a defendant collection law firm’s motion to dismiss, finding that its collection letter violated the federal Fair Debt Collection Practices Act because it did not clearly set out that interest and fees may accrue on the “current balance.”
A district court in Maryland has ruled that a debt collection agency did not violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (“FDCPA”)’s mini-Miranda requirement by failing to disclose its identity in a call initiated by the plaintiff in response to a debt collection letter.
Background
Consumer plaintiff Rhonda Price-Richardson defaulted on
In a new article detailing its Stats for December 2017 and Year in Review, WebRecon presented data showing a slight decrease in the number of consumer litigation lawsuits filed in 2017 compared to other years. We previously reported on WebRecon’s consumer litigation statistics for May of 2017, where we found the number of new