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In Judge Autrey dismissed an FDCPA claim filed by a consumer's lawyer who received a 'dunning' letter from a debt collector attempting to ascertain his possible representation of a consumer. On July 27, 2020, Defendant attempted to collect the alleged consumer debt from the Consumer via mail by sending its initial collection letter to Plaintiff. Plaintiff received this initial collection letter… Read More

In Rodenburg LLP v. Certain Underwriters at Lloyd's of London, No. 20-2521, 2021 U.S. App. LEXIS 25516, at *2-4 (8th Cir. Aug. 25, 2021), the Court of Appeals for the 8th Circuit found no coverage for FDCPA claims under an attorneys' insurance policy.  The facts were as follows: Rodenburg, whose primary business is debt collection, obtained a default judgment on… Read More

In Keller v. Northstar Location Servs., No. 21-cv-3389, 2021 U.S. Dist. LEXIS 157820, at *4-6 (N.D. Ill. Aug. 20, 2021), Judge Johnson-Coleman kept jurisdiction over an FDCPA-Hunstein case despite the consumer's objection that the SCOTUS' decision in Ramirez deprived her of Article III standing. With this standard in mind, the Court turns to an Eleventh Circuit opinion where that court concluded… Read More

In Mount v. Peruzzi of Langhorne LLC, No. 21-2166, 2021 U.S. Dist. LEXIS 157579, at *13-17 (E.D. Pa. Aug. 20, 2021), Judge Beetlestone allowed an ECOA claim to proceed, but not a TILA claim, for an automobile purchase spot-delivery situation gone wrong.  The facts were as follows: Plaintiff Michelle Mount, a dental assistant in Philadelphia, wanted to buy a new… Read More

In Safe Credit Union v. Diaz, No. C092158, 2021 Cal. App. Unpub. LEXIS 5435, at *7 (Aug. 23, 2021), the Court of Appeal held in an unpublished decision that an anti-SLAPP motion by a credit union was not proper to challenge an NOI class action filed in response to a debt collection action. For complaints and cross-complaints alleging mixed causes… Read More

On August 19, 2021, the California Department of Financial Protection and Innovation issued a request for comments as it considers a second rulemaking related to the Debt Collection Licensing Act. The first rulemaking, issued earlier this year relates to the license application process and requirements for debt collectors who may begin to apply for a debt collection license starting in… Read More

In Ward v. Nat'l Patient Account Servs. Sols., No. 20-5902, 2021 U.S. App. LEXIS 24369, at *9 (6th Cir. Aug. 16, 2021), the Court of Appeals for the 6th Circuit found no Article III standing for a pure procedural violation of the FDCPA. To establish that the statutory violations here constitute concrete injury, Ward must show that NPAS, Inc.'s failure… Read More

In Borden v. Efinancial, LLC, No. C19-1430JLR, 2021 U.S. Dist. LEXIS 153086, at *13-16 (W.D. Wash. Aug. 13, 2021), Judge Robart dismissed a TCPA case based on Duguid.   In this context, Mr. Borden's allegations are insufficient to establish that eFinancial's system is an ATDS. He alleges that eFinancial's system uses a sequential number generator to select which stored phone numbers to… Read More

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