FDCPA


Concrete Harm Needed in FDCPA

The United States Court of Appeals for the Sixth Circuit recently held that a procedural violation of the Fair Debt Collection Practices Act (“FDCPA”) does not, on its own, show an injury-in-fact necessary to establish standing. Buchholz v. Meyer Njus Tanick, PA, 946 F.3d 855 (6th Cir. 2020). In Buchholz, […]


FDCPA Cease and Desist

The US 6th Circuit Court of Appeals recently reviewed what it means to “cease” under the FDCPA. Scott v. Trott Law, P.C. defines the scope of collection activities and the obligation that a debt collector is bound by when it comes to non-judicial foreclosures. The definition that the Court creates […]


FDCPA May Not Apply to Debt Buyers

A unanimous United States Supreme Court ruled today that purchasers of defaulted debt are not considered debt collectors by at least one definition found in the Fair Debt Collection Practices Act (“FDCPA”) and therefore are not necessarily subject to its restrictions, even though they are not the originator of the […]


Offer of Judgment May Moot Class Action

Uncertified Class Actions May Be Dismissed Upon Complete Offer of Judgment Class actions based on alleged Fair Debt Collection Practices Act (FDCPA) violations can become extraordinarily expensive for debt collectors, with costs potentially including statutory damages of up to $500,000, plaintiff’s attorney’s fees, and costs, in addition to the substantial […]


When a Person is Not a Person Under the FDCPA

The Sixth Circuit Expands the Pool of Potential Plaintiffs Who Can Qualify as a “Person” to Bring Forth a Claim Under the FDCPA The Sixth Circuit of the United States Court of Appeals rendered a novel ruling on July 23, 2015 in Anarion Investments LLC v. Carrington Mortgage Services, LLC, […]


Permissible Voicemails Under the FDCPA

The content of a voicemail message that the Fair Debt Collection Practices Act (FDCPA) permits to be included on a consumer’s voicemail has long been a source of debate. As Congress, the FTC, and the CFPB have failed to give significant guidance on how the FDCPA should apply to voicemail […]


FDCPA Class Award Limited Per Action

Statutory Award for Class Action Lawsuits Brought Against Multiple Defendants under the Fair Debt Collection Practices Act Limited to Per Action Basis   VIOLET P. BLANDINA, on behalf of herself and all others similarly situated, Plaintiff v. MIDLAND FUNDING, LLC, et al.   On February 2, 2015, the U.S. District […]


Update: Suesz v. Med 1 Solutions, Reversed

On May 14, 2013 we reported on the Indiana District Court case of Suesz v. Med 1 Solutions, which determined that the Marion County Small Claims Courts were not “judicial districts” as defined by  15 U.S.C.§ 1692i for purposes of the Fair Debt Collection Practices Act (“FDCPA”).   In reaching this decision, […]


FDCPA Not Applicable to Proof of Claim Filings

In March of 2014 the US District Court of for the Eastern District of Kentucky discussed the application of the Fair Debt Collection Practices Act (“FDCPA”) to bankruptcy proof of claim filings. Plaintiff, Mallard, filed an adversarial proceeding with the bankruptcy court alleging that Defendant’s failure to redact numerical medical […]


Waiver of Contractual Interest Does Not Necessarily Waive Right to Statutory Interest

In late November 2013, the US District Court for the Eastern District of Kentucky found that the waiver of prejudgment contractual interest by the original creditor did not necessarily, by itself, waive the right of a debt buyer to collect prejudgment statutory interest and therefore a request for prejudgment statutory interest did […]


Careful Wording Of Release Agreements

Last month, the United States District Court for the Eastern District of Michigan handed down a decision regarding release agreements.  The case involved a personal debt owed by Jamie Hines to A&A American Financial, LLC (A&A), who was represented by G. Reynolds Sims & Associates (GRSA).  GRSA obtained a default […]


CAUTIOUS COLLECTION LETTER WORDING

On March 1, 2013, in the case of Caprio v. Healthcare Revenue Recovery Group, LLC, the Third Circuit of the United States Court of Appeals reversed a judgment in a collections case and remanded the case for further proceedings because the use of the words “please call” overshadowed the need […]


FDCPA Claim Barred by res judicata and Lack of Standing

On December 20, 2012, in the case of Dionte Tyler, v. DH Capital Management, Inc., Case No. 3:12-CV-00129-CRS the United States District Court, for the Western District of Kentucky, dismissed the Plaintiff’s complaint for damages under the Fair Debt Collection Practices Act (“FDCPA”) finding that the claims were barred by […]