Effective, Experienced, Exceptional.

CEB Prac. Guide § 2A.18 -- Debts to which the FDCPA Apply -- Federal -- Examples

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

In Jordan Kohler, individually and on behalf of all other similarly situated, Plaintiff, v. Greystar Real Estate Partners, LLC; The Loft Apartments Acquisition, LLC, Defendants., 2017 WL 5973338, at *3–4 (S.D.Cal., 2017), Judge Houston dismissed a Rosenthal Act claim that arose out of collection on a residential lease. Defendant Greystar argues that the Rosenthal Act does not apply to late… Read More

In Franklin v. Parking Revenue Recovery Services, Inc., 2016 WL 4248035 (7th Cir. 2016), the Court of Appeals for the Seventh Circuit held that a contract was formed between the City parking lot operators and parkers, resulting in a "transaction" that formed a debt under the FDCPA. Two parts of the definition need further explanation. First, although the statute does not… Read More

In Parham v. Seattle Service Bureau, Inc., 2016 WL 4039665, at *3 (11th Cir. 2016), the Court of Appeals found debt collection in connection with insurance subrogation claims was exempt from the FDCPA. Our decision in Hawthorne squarely controls the outcome in this case. Like Andrew Parham's sister, the plaintiff in Hawthorne was involved in an automobile accident, allegedly resulting from the… Read More

In Harris v. Liberty Community Management, Inc. --- F.3d ----, 2012 WL 6604518 (11th Cir 2012), the Court of Appeals for the Eleventh Circuit found that a homeowners' association's management company was exempt from the FDCPA, so long as its collection of association dues was not central to its fiduciary obligations to the HOA. The Fair Debt Collection Practices Act (… Read More

In Hylton v. Anytime Towing, 2012 WL 5498887 (S.D.Cal. 2012), Judge Curiel found that city towing fees were not ‘debts’ under the FDCPA or Rosenthal Act. Courts have held that a motor vehicle impoundment and towing fees arising out of action authorized by state law enforcement agency do not constitute a “debt” within the meaning of Fair Debt Collection Practices… Read More

In Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, --- F.3d ----, 2012 WL 5188812 (6th Cir. 2012), the Court of Appeals for the Sixth Circuit held that condominium association fees qualify as a “debt” subject to the FDCPA. Because the statute's definition of a “debt” focuses on the transaction creating the obligation to pay, the obligation to pay is… Read More

In Mazzaferro v. Stanaland, 2011 WL 5444323 (N.D.Cal. 2011), Judge Illston held that an attorney fee award in an underlying case that was reduced to judgment and abstract was not a ‘consumer debt’ under the FDCPA because the judgment did not arise out of a ‘consensual’ transaction.  Judge Illston explained:   Defendant contends that plaintiffs have failed to state a… 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 Simmons v. Roundup Funding, LLC, --- F.3d ----, 2010 WL 3859609 (2d Cir. 2010), the Court of Appeals for the Second Circuit found that the bankruptcy code, not the FDCPA, provides the exclusive remedy for fraudulent or defective proofs of claim.   Bankruptcy provides remedies for wrongfully filed proofs of claim. “It is beyond cavil that past bankruptcy practice,… Read More

1 2