FDCPA

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On November 15, the U.S. District Court for the Northern District of New York ruled that a law firm did not violate the Fair Debt Collection Practices Act when it stated in its collection letter that the “amount due” was $5,794.54 but failed to indicate that this amount could increase due to interest assessed pursuant…

A federal district court in Connecticut recently ruled that a debt collector’s 29 telephone calls to a debtor’s home telephone over a period of 24 days was sufficient to establish a claim under the Fair Debt Collection Practices Act. In denying in part the defendant debt collector’s motion for judgment on the pleadings, Judge Jeffrey…

On October 31, the United States District Court in the Eastern District of New York held that a debt collector violated the Fair Debt Collection Practices Act by failing to disclose whether interest and fees may accrue on an account.  Specifically, the Court denied a debt collector’s summary judgment motion, stating that a collection letter…

A federal judge in New Jersey denied a debt collector’s motion to reconsider the Court’s award of summary judgment to a plaintiff for violations of the Fair Debt Collection Practices Act.  In granting summary judgment, the Court applied the “substantial attorney review” standard to a collection complaint filed in state court.  The case is Daniel …

A federal judge in Utah has ruled that a debt collector may rely on the “bona fide error” defense to defeat a claim for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.  Analyzing the compliance procedures that the debt collector had in place, the Court granted summary judgment for …

On September 7, the Financial Services Committee held hearings on a bill, H.R. 1849: Practice of Law Technical Clarification Act of 2017 (Trott), that seeks to amend the Fair Debt Collection Practices Act.

The current definition of “debt collector” under the FDCPA does not make clear whether it applies to attorneys, especially in the…

On September 28, 2017, the District of New Jersey denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act (“FDCPA”) claim based on 1099C language contained in a collection letter.  This decision continues a recent trend, particularly within the courts of the Third Circuit, in denying motions to dismiss on this issue. …

On September 20, a United States District judge for the Northern District of California granted defendant United Recovery System’s motion for attorneys’ fees and costs arising from its successful defense of a lawsuit based on alleged violations of the Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act, also known as…

Two recent decisions from the Southern District of New York and the District of New Jersey have expressly disagreed about a credit repair company’s dispute of a debt on behalf of a consumer in two Fair Debt Collection Practices Act cases. 

In Taylor-Burns v. AR Resources, Inc., plaintiff Tonya Taylor-Burns alleged that the debt …

In a surprising decision involving a vigorous and scathing dissent, the Seventh Circuit ruled that a debt collector was liable under the Fair Debt Collection Practices Act even when it followed the law that was in effect at the time the alleged violation took place.  This alarming ruling raises an …