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Threatening or filing suit on a time-barred debt is a misleading and unfair debt collection practice violating 15 USC 1692e and 1692f.  To allege and prove a violation of those sections, the debtor need not allege or prove that the debt collector knew the debt was time-barred.  However, the debt collector may be able to establish an affirmative defense of… Read More

This decision holds that Walls v. Wells Fargo Bank (9th Cir. 2002) 276 F.3d 502 does not apply to or bar an FDCPA claim against a debt collector for trying to collect a debt that was fully repaid under the debtor's Chapter 13 plan before the debtor received a discharge.  That is because in these circumstances whether an unfair debt… Read More

The FDCPA's bona fide error defense does not allow debt collectors to avoid liability by contractually obligating creditor-clients to provide accurate information, nor by requesting that creditor-clients provide notice of any errors in an account assigned for collection without waiting to receive a response to the request before instituting collection efforts. Read More

If a foreclosure plaintiff seeks not only to foreclose on the property but also to recover the remainder of the debt through a deficiency judgment, then the plaintiff is attempting to collect a debt within the meaning of the FDCPA.  But if the plaintiff is simply enforcing a security interest by retaking or forcing a sale of the property, without… Read More

A state court complaint’s misstatements of the amount owed and interest rate in a complaint a law firm filed to collect a consumer credit card debt were material and a violation of the Fair Debt Collection Practices Act.   Read More

An entity that collects debts that it has purchased for its own account is not a “debt collector” for FDCPA purposes, since it is collecting on the debts for itself and not for another.  Read More

Reporting to a credit agency on the deliquency or overdue status of a debt is not a per se violation of the automatic stay, which only forbids collection on the debt, not reports about it.  Read More

District court abused its discretion by approving a class action settlement which provided no actual benefit to class members in exchange for release of their FDCPA claims.  Read More

An attorney engaged in debt collection and violated the Fair Debt Collection Practices Act by sending a homeowner a letter demanding payment of delinquent homeowners association dues and threatening to file a lien on the homeowner’s property unless the dues were paid within 25 days, thus overshadowing the FDCPA-required notice that the homeowner had 30 days to demand validation of… Read More

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