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CEB Prac. Guide § 2A.08 -- Persons to Whom the FDCPA Apply -- Federal

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District Court (Cal.) Dismisses TCPA “ATDS” Claim, But Allows Rosenthal Act Claim to Proceed on Whether Defendant Regularly Collected Debts

by Scott J. Hyman |

In Raphael Aus. v. Alorica, Inc., No. 2:20-cv-05019-ODW (PVCx), 2021 U.S. Dist. LEXIS 240677, at *5-6 (C.D. Cal. Dec. 16, 2021), Judge Wright dismissed a TCPA claim but allowed a Rosenthal Act claim to proceed.  As to the TCPA claim, Judge Wright held: The parties dispute whether alleging that a system calls a prepopulated list of customers or clients is… Read More

3rd Cir.’s Popeye Game is Strong; Says Debt Buyer is Still a “Debt Collector” under the FDCPA after Henson

by Scott J. Hyman |

In Tepper v. Amos Financial, LLC, 2018 WL 3733862, at *6 (C.A.3 (Pa.), 2018), the Court of Appeals for the Third Circuit found that a debt buyer is still subject to the FDCPA post-Henson because the principal purpose was the collection of defaulted debt. Many would gladly pay Tuesday for a hamburger today. Of course, not all of those who… Read More

District Court (Ill.) Says “Doorhanger” Employed by Debt Collector “Might” Be Subject to the FDCPA If It Did More Than Deliver and Hang Door Hanger to Debtor’s Door

by Scott J. Hyman |

In Simpson v. Safeguard Properties, LLC., 2017 WL 4310674, at *4–7 (N.D.Ill., 2017), Judge Gottschall denied summary judgment to a door-hanger company who claimed that it was not subject to the FDCPA. The FDCPA “is not aimed...“at companies that perform ministerial duties for debt collectors, such as stuffing and printing the debt collector's letters.” White v. Goodman, 200 F.3d 1016, 1019… Read More

District Court (Neb.) Says Individual Collector Employees Can Be Individually Liable if They Otherwise Meet the FDCPA’s Definition of Debt Collector

by Scott J. Hyman |

In Reynolds v. Credit Management Services, Inc., 2016 WL 756469, at *3-4 (D.Neb., 2016), Judge Strom denied summary judgment to a debt collection agency owner on the basis that a triable issue of fact existed on whether he met the FDCPA's definition of "debt collector". The Court here notes a split of authority between the United States Courts of Appeals… Read More

Auto Finance Company Sued with Western Union for Split of Fees Associated with Western Union “SpeedPay”; District Court (Cal.) Says Western Union Not Subject to Rosenthal Act

by Scott J. Hyman |

In Lindblom v. Santander Consumer USA, Inc., 2015 WL 8483118, at *1 (E.D.Cal., 2015), Judge O'Neill granted summary judgment to an automobile finance company against claims arguing that its fees associated with "SpeedPay" were not permissible. Plaintiff purchased a car, which she financed with a loan that Santander eventually began to service. FAC at ¶¶ 1-2. Plaintiff made payments on the… Read More

District Court (Cal.) Follows 9th Circuit’s Cruz Decision; Allows FDCPA Plaintiff to Disregard Corporate Fiction to Sue Agency’s Owner

by Scott J. Hyman |

In Alonso v. Blackstone Financial Group LLC, 2013 WL 687073 (E.D.Cal. 2013), Judge Boone allowed a claim to proceed against an owner of a debt collection agency in disregard of the corporate fiction, following Cruz v. International Collection Corp., 673 F.3d 991 (9th Cir.2012), and explaining: Plaintiff argues that Elsen is a proper defendant since he was the sole owner… Read More

District Court (Minn.) Finds Skip-Tracer’s “Message Alert” to Debtors to Obtain Telephone Information Rendered it a Debt Collector and Violated the FDCPA

by Scott J. Hyman |

In Thompson v. National Credit Adjusters, LLC, 2012 WL 5372577 (D.Minn. 2012), Judge Nelson found a skip tracer’s letter to consumers to obtain telephone information for the skip tracer’s debt collector clients rendered the skip tracer subject to the FDCPA, too.  The facts were as follows. Plaintiff Lamont A. Thompson incurred a consumer debt with Fast Cash Personal Loan. Plaintiff… Read More

CFPB Publishes Final Rule re: Debt Collection; ABA Responds re: Regulation of Attorney Practices

by Scott J. Hyman |

On January 2, 2013 the Consumer Financial Protection Bureau (CFPB) starts its supervision of large debt collection firms that account for 63 percent of the market.  The CFPB announced Final Rule on Wednesday.  The CFPB will regulate 175 debt collection firms that each bring in more than $10 million in annual receipts.  See the live-blog entries from the CFPB's roundtable as to what… Read More

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