FDCPA

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On July 28, in a decision favorable for the collection industry, the United States Court of Appeals for the Eleventh Circuit affirmed a district court’s dismissal of an action against defendant Seattle Service Bureau, Inc., a debt collector, for claims alleged under the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection …

A federal judge in the Eastern District of New York ruled that a debt collection company’s internal reference number, which may have been visible through a glassine envelope, did not violate the Fair Debt Collection Practices Act (“FDCPA”).

In the case, the Plaintiff, Wendy Torres Rodriguez, brought an FDCPA claim against Defendant I.C. Systems, Inc.,…

On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the Fair Debt Collection Protection Act (FDCPA) when the applicable state statute of limitations does not extinguish the debt.…

The Eleventh Circuit recently released an unpublished decision regarding its opinion on the impact of Spokeo on a Fair Debt Collection Practices Act putative class action, finding that the named plaintiff satisfied Article III standing requirement.

In Church v. Accretive Health, Inc., the defendant sent the named plaintiff a letter advising her that she…

In Davis v. Hollins Law, the Ninth Circuit recently reversed a lower court’s judgment in favor of the plaintiff on a claim under the Fair Debt Collection Practices Act, finding that the defendant debt collector’s communication was sufficient in context to disclose to the least sophisticated debtor that it was from a debt collector.…

On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. 

In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new …

In Bishop v. Ross Earle & Bonan, P.A., the defendant debt collectors sent a debt collection letter to the plaintiff’s attorney.  The letter failed to inform the plaintiff that she must dispute the debt “in writing,” as required by § 1692g of the Fair Debt Collection Practices Act (“FDCPA”).  The plaintiff filed suit against…

Before the Third Circuit addresses whether a four-second review of a debt collection complaint constitutes “meaningful attorney involvement” under the Fair Debt Collection Practices Act (FDCPA), the appellate court will first decide the potential implications of the Supreme Court’s recent decision in Spokeo, Inc. v. Robins.

As we previously reported, Pressler & Pressler…

On May 19, the Seventh Circuit Court of Appeals ruled that debt collectors who filed collection lawsuits and then dismissed them prior to trial did not violate the Fair Debt Collection Practices Act.

Section 1692e(5) of the FDCPA prohibits debt collectors from using a false, deceptive, or misleading representation to threaten to take an action…