On December 11, the U.S. Supreme Court agreed to hear a case involving Ohio’s “special counsel” law under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692-1692p, a case that is likely to have much wider implications involving the standard for determining whether a debt-collection method is “false, deceptive, or misleading.”
According
The stating of a representative’s personal name is immaterial to whether there is a meaningful disclosure of the caller’s identity as required by the Fair Debt Collection Practices Act , said the district court for the District of Oregon. In Moore v. Account Control Technology, Inc., the court granted the defendant’s motion for summary
On October 23, Judge Katherine Polk Failla of the Southern District of New York held that a fifty-character internal tracking number visible through the glassine window of the plaintiff’s collection letter envelope fell within the benign language exception and did not violate the Fair Debt Collection Practices Act.
According to the October debt collection litigation and complaint statistics report from WebRecon, consumer litigation in October under the FDCPA, TCPA, and FCRA marked the first time since September 2011 that an increase from both the prior month and year-to-date occurred. “For the first time in several years, overall consumer litigation is up dramatically,”
On September 30, Judge Joan B. Gottschall of the Northern District of Illinois issued a decision stating that the display of a debtor’s account number through an envelope window violated the Fair Debt Collection Practices Act.
In Adkins v. Financial Recovery Services, Inc., the plaintiff filed a class action suit in Illinois on behalf
On September 3, Judge Edmond E. Chang of the Northern District of Illinois issued a decision stating that the display of a series of letters and numbers – in which the debtor’s account number was allegedly embedded – through an envelope window does not violated the Fair Debt Collection Practices Act.
In Schmid v. Transworld
On September 21, the United States District Court for the District of Rhode Island held that an out-of-state debt collector did not violate the Fair Debt Collection Practices Act when it called the debtor using two phone numbers with a local area code.
In Bien v. Stellar Recovery, Inc., Plaintiff argued that Stellar’s practice
On August 4, the United States District Court for the Northern District of Illinois held that legal pleadings can violate the Fair Debt Collection Practices Act.
In Marquez, et al. v. Weinstein, Pinson, P.S., et al., the plaintiffs argued that a law firm and its client violated § 1692e of the FDCPA by including
The Consumer Financial Protection Bureau and the Federal Trade Commission jointly filed an amicus brief with the United States Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case, a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt Collection
Over the past two weeks, two separate federal district courts in New York held that having a consumer’s account number visible on the outside of an envelope containing letters from debt collection agencies does not, by itself, violate the FDCPA. In these cases, both Judge Colleen McMahon and Judge John Curtin, of the Southern