FDCPA

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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…

On March 29, in Hall v. Phenix Investigations, Inc., No. 15-10533,  2016 U.S. App. LEXIS 5786 (5th Cir. Tex. Mar. 29, 2016), the United States Court of Appeals for the Fifth Circuit affirmed dismissal of an action alleging claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”).  The …

On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.

In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan…

On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.

In Avila v. Riexinger & Associates, LLC, Plaintiffs both…

The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015.  The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…

Troutman Sanders would like to share the attached favorable decision from the Eastern District of Virginia on behalf of its client, Portfolio Recovery Associates (“PRA”).  The district court recently denied plaintiff’s motion for class certification in a case alleging that PRA violated the Fair Debt Collection Practices Act by sending debt …

Can a debt collector leave a message for a debtor with a third party who answers the debtor’s phone?  In Halberstam v. Global Credit and Collection Corp., the District Court for the Eastern District of New York answered in the negative, holding that such action violated the Fair Debt Collection Practices Act (“FDCPA”).…

On December 17, in addressing an issue of first impression, the United States District Court for the Eastern District of Pennsylvania held that a letter sent by a loan servicer under the Servicemembers Civil Relief Act (“SCRA”) to a borrower in default was not subject to the Fair Debt Collection Practices …