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Fair Debt Collection – In Writing, and We Mean It

August 8, 2018

Authors

Jim Goldberg

Fair Debt Collection – In Writing, and We Mean It

August 8, 2018

by: Jim Goldberg

The Sixth Circuit Court of Appeals continues to contribute to the case law defining which violations of procedural statutes constitute an injury-in-fact under Spokeo, Inc. v. Robins, ––– U.S. ––––, 136 S.Ct. 1540, 1547, 194 L.Ed.2d 635 (2016).

In Macy v GC Services Limited Partnership, it holds that Plaintiffs alleged sufficient concrete harm to satisfy the injury-in-fact requirement for standing where the defendant debt

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Supreme Court to Address Whether Collection of Time-Barred Debts Violate FDCPA

October 14, 2016

Authors

Robert Klingler

Supreme Court to Address Whether Collection of Time-Barred Debts Violate FDCPA

October 14, 2016

by: Robert Klingler

Our colleagues at The Bankruptcy Cave, Bryan Cave’s Bankruptcy & Restructuring Blog, recently published a blog post on the Supreme Court agreeing to to hear the issue of whether a debt collector that buys old, charged off debt which is beyond the statute of limitations violations the Fair Debt Collection practices Act when it files a proof of claim on that debt in a Chapter 13 bankruptcy (which they all do, as no one has an incentive to object to the claim, and they often collect far more on the debt than what they paid).

[On October 11, 2016,]

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11th Circuit Holds Reinstatement Letters Can’t Include Estimated Expenses

December 30, 2015

Authors

Robert Klingler

11th Circuit Holds Reinstatement Letters Can’t Include Estimated Expenses

December 30, 2015

by: Robert Klingler

Consumer borrowed money from Lender. Consumer defaulted, and Lender began to foreclose, including all the usual steps: arranging for property inspection, hiring counsel, etc. After about a year,Consumer sought to reinstate the loan, and asked Lender how much it would cost. Lender responded in writing, with an itemized list of expenses to be paid, plus an estimate of additional costs (clearly marked as estimates) that Lender may incur over the next month if it continued to exercise remedies. (After all, this would not be the first time in recorded history that a borrower swore it would make good on the

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FTC Targets Banks under FDCPA

September 28, 2015

Authors

Douglas Thompson

FTC Targets Banks under FDCPA

September 28, 2015

by: Douglas Thompson

Who Is An FDCPA Excluded “Creditor”?

The FTC Seeks to Overturn An 11th Circuit Ruling That A Bank Is.

Banking lawyers whose institutions acquire loans or card accounts may want to watch how this 11th Circuit putative class action case issue plays out. The FTC’s brief supports the plaintiffs’ class action bar, and the outcome of the appeal if reversed could further spur both regulatory enforcement activity and consumer class actions.

The FTC recently filed an amicus brief in a consumer’s appeal pending in the US Court of Appeals for the 11th Circuit, Davidson

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Transfer of Servicing Letter under RESPA Triggers FDCPA Notice Requirements

September 15, 2015

Authors

Jim Goldberg

Transfer of Servicing Letter under RESPA Triggers FDCPA Notice Requirements

September 15, 2015

by: Jim Goldberg

The Fair Debt Collection Practices Act (“FDCPA”) provides that within five days of any initial communication with a consumer “in connection with the collection of any debt,” a debt collector shall send the consumer a written notice.  The notice must contain, among other things, the amount of the debt, the name of the creditor to whom the debt is owed, and a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed valid by the debt collector.

The Real Estate Settlement Procedures

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Debt Collector has Burden to Prove FDCPA Exception

August 6, 2015

Authors

Jim Goldberg

Debt Collector has Burden to Prove FDCPA Exception

August 6, 2015

by: Jim Goldberg

Under the Fair Debt Collections Practices Act, a debt collector is liable to a consumer for contacting third parties in pursuit of that consumer’s debt unless the communication falls under a statutory exception. One of those exceptions covers communication with a third party for acquiring location information about the consumer.  Even then, the Act prohibits more than one such contact unless the debt collector reasonably believes that the earlier response of the third party was erroneous or incomplete and that such person now has correct or complete location information.

The first federal court of appeals to address the issue has

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