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CEB Prac. Guide § 2A.16 -- Debts to which the FDCPA Apply - Definition of "Debt"

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In In re Baroni, 2015 WL 6956664, at *12 (9th Cir.BAP (Cal.), 2015), the 9th Circuit BAP found that a debt secured by investment property was not an consumer "debt" under the FDCPA. As a second alternate theory for granting summary judgment against Allana on her FDCPA claim, the bankruptcy court held that the Carmel refinancing loan was not a… Read More

In Beauvoir v. Israel, 2015 WL 4429757 (2d Cir. 2015), the Court of Appeals for the Second Circuit limited the definition of "debt" under the FDCPA to consensual transactions. Although we have not previously had occasion to address whether money owed as a result of theft constitutes a “debt” for purposes of the FDCPA, several of our sister circuits have addressed… Read More

In Herrera v. AllianceOne Receivable Management, Inc., 2015 WL 3796123, at *1 (S.D.Cal.,2015), Judge Moskowitz found that a debt collector's collection of traffic fines from the wrong person were not protected by the litigation privilege, but were not subject to the Rosenthal Act. Defendant was assigned to collect several unpaid traffic fines by the San Diego County Superior Court assessed against Gilberto… Read More

In Mlnarik v. Smith, Gardner, Slusky, Lazer, Pohren & Rogers, LLP, 2014 WL 6657747 (N.D.Cal. 2014), Judge Freeman held that finds incurred for violating restrictive covenants in an HOA’s CC&Rs was neither a consentual transaction to constitute a “debt” under the FDCPA nor a “consumer credit transaction” under the Rosenthal Act.  Because the allegations in the FAC indicate that the… Read More

In Smith v. Hunt & Henriques, 2013 WL 6141416 (N.D.Cal. 2013), Judge Lloyd granted summary judgment to a debt collection law firm who properly validated a debt following a debtor’s demand for validation. H & H says that it is a law firm that collects outstanding financial obligations referred to it by its clients. (Dkt. 48–1, Hunt Decl. ¶ 2).… Read More

In Smith v. Progressive Financial Services, Inc., 2013 WL 3995004 (D.Or. 2013), Judge McShane found that a student loan taken out to attend an aviation academy was still a ‘consumer’ debt under the FDCPA. Contrary to defendant's argument, “education” encompasses something broader than mere investment in pursuit of profit.   Brown v. Bd. of Ed. Of Topeka, Shawnee Cnty, Kan., 347… Read More

In Udo v. Kelkris Associates, Inc., 2012 WL 5985663 (S.D.Cal. 2012), Judge Gonzalez found that collection of towing charges did not meet the ‘transaction’ requirement of the FDCPA nor the “consumer credit” requirement of the Rosenthal Act. “As a threshold matter, a suit brought under the FDCPA must involve a “debt” within the meaning of the statute.” Fleming v. Picard,… Read More

In Yelin v. Swartz, 2011 WL 1103450 (E.D.Pa. 2011), Judge Buckwalter found that efforts to collect on a renter’s damage to a rental car constituted a ‘debt’ under the FDCPA, explaining:   In this case, Defendants argue that Plaintiff has failed to state an FDCPA claim because the money he owes does not qualify as a “debt” under the statute.… Read More

In Narog v. Certegy Check Services, Inc., --- F.Supp.2d ----, 2011 WL 70595 (N.D.Cal.), Judge Illston found that credit reporting activity occurring after a debt was paid-in-full did not trigger FDCPA issues, explaining:    It is clear from plaintiff's pleadings that he has alleged that a debt existed at one time. However, plaintiff complains only of acts or omissions relating… Read More

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