FDCPA

A District Court judge in Wisconsin has granted summary judgment to a defendant in a Fair Debt Collection Practices Act case after the defendant invoked the bona fide error defense because it used a creditor-approved abbreviation to reference the name of a creditor in a collection letter. A copy of …

Even though they might not have maintained the pace set in January, the number of lawsuits alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act still are mostly outpacing the number that were filed during the first two months of …

The Court of Appeals for the Second Circuit has affirmed a lower court’s summary judgment ruling in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by doubling the amount of the debt that was owed in a collection letter because the letter was …

A District Court judge in New York has granted a defendant’s motion to deny class certification in a Fair Debt Collection Practices Act case after questioning the plaintiff’s attorney’s pattern of abandoning cases and just how involved the named plaintiff was in the suit in the first place. A copy …

On Friday, the Consumer Financial Protection Bureau announced that it was extending the comment period on its Supplemental Notice of Proposed Rulemaking related to time-barred debt disclosures for an additional 30 days. The 60-day comment period was originally scheduled to expire on May 4. It will now extend until June …

A District Court judge in Pennsylvania has ruled that a six-digit number referring to a client code on the outside of a postcard constitutes a violation of the Fair Debt Collection Practices Act and has granted a plaintiff’s motion for summary judgment while also denying competing motions from both sides …

A District Court judge in Connecticut has awarded a defendant nearly $42,000 in fees and costs after it was sued and won a motion for summary judgment for allegedly violating the Fair Debt Collection Practices Act by not using its proper name in a collection letter sent to the plaintiff. …

The Court of Appeals for the Eleventh Circuit has partially overturned a lower court’s dismissal of a lawsuit against a number of defendants alleging they violated the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act, ruling that the third amended complaint filed …

A District Court judge in Utah has ruled that entities which purchase debts and then assign those debts to collection agencies for recovery must register under the Utah Collection Agency Act, denying motions to certify a question of state law and a motion for summary judgment. A copy of the …

The Court of Appeals for the Fifth Circuit has upheld a lower court’s ruling that mentioning in a collection letter that interest may accrue on an unpaid debt is a “common-sense truism about borrowing” and not a violation of the Fair Debt Collection Practices Act. A copy of the ruling …