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CEB Prac. Guide § 2A.25 -- Communications with Third Parties -- Communications Regarding the Debt -- Federal

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California Court of Appeal Holds Rosenthal Act Can Apply to a Nonjudicial Foreclosure

by Scott J. Hyman |

In Best v. Ocwen Loan Servicing (May 21, 2021) ___Cal.App.5th___ [2021 Cal. App. LEXIS 423] the court rejected arguments by a mortgage loan servicer and beneficiary that the Rosenthal Fair Debt Collection Pracitices Act did not apply to non-judicial foreclosures, relying on Obduskey v. McCarthy & Holthus LLP (2019) 139 S.Ct. 1029 and Davidson v. Seterus, Inc. (2018) 21 Cal.App.5th… Read More

11th Cir. Says Debt Collector Violated FDCPA By Sharing Debtor’s Information with Mail Service Tasked with Sending Debt Collector’s Dunning Letters

by Scott J. Hyman |

In Hunstein v. Prefeerred Collection and Management Services, Inc., the Court of Appeals for the 11th Circuit addressed the question whether a debt collector's use of a mail-service to send its dunning letters, and sharing the debtor's information required to do so, violates the FDCPA. The short story: A debt collector electronically transmitted data concerning a consumer’s debt—including his name,… Read More

District Court (Alaska) Confirms — Sort of — That Debt Collection Communications Between Counsel Are Exempt from the FDCPA Within the 9th Circuit

by Scott J. Hyman |

In Plumb v. Prof'l Account Servs., No. 3:19-cv-00085-SLG, 2020 U.S. Dist. LEXIS 84064, at *7 (D. Alaska May 13, 2020), Judge Gleason dismissed an FDCPA action based on communications between counsel. Counts I and II of the FAC arise from Ms. Sanders's fax to Plaintiff's counsel ("the Fax"). In Count I, Plaintiff alleges that the Fax falsely represents that Ms.… Read More

10th Cir. Says “Communication” under the FDCPA Conveys Information “Directly or Indirectly” — Unless, Debt Collector is Trying to Obtain Location Information and Follows section 1692b

by Scott J. Hyman |

In Scribner v. Works & Lentz, Inc., 2016 WL 3981435, at *1 (C.A.10 (Okla.), 2016), the Court of Appeals for the 10th Circuit resolved the FDCPA's statutory conflict prohibiting communications which directly or indirectly disclose the debt (15 USC 1692c(b) and permissible communications to obtain location information (15 USC 1692b) In Marx v. General Revenue Corp., 668 F.3d 1174, 1177-78… Read More

District Court (Or.) Says V/M Overheard by Third Party Not Actionable Under the FDCPA; Court Adopts a “Foreseeability” Standard for Debt Collectors to Anticipate Whether Third Parties Will Hear a Message

by Scott J. Hyman |

In Peak v. Professional Credit Service, 2015 WL 7862774, at *5-6 (D.Or., 2015), Judge Aiken granted summary judgment to a debt collector who was sued by a debtor for a collection v/m to which the debtor allowed access to a third party. Finally, defendant contends the voicemail messages were not communications “with” third parties because it had no reason to suspect… Read More

District Court (Mich.) Says Debtor Has Standing and Valid Claim to Sue for 200+ Collection Calls Placed to and Third Party Disclosure to Debtor’s Parents, But Could Not Prove “Intent” Necessary to Prove Harassment

by Scott J. Hyman |

In Litt v. Portfolio Recovery Associates LLC, 2015 WL 7351781, at *7-8 (E.D.Mich. 2015), Judge Borman found that the debtor had standing, and a valid claim, to sue for 200+ "wrong number" calls to the debtor's parents, even if most of them went unanswered.  The District Court found that the Plaintiff should be entitled to summary judgment on his claim for violation… Read More

6th Circuit Says V/M Message Left By Debt Collector at Debtor’s Work Was Not a “Communication” under FDCPA Because It Did Not Convey Information about the Debt

by Scott J. Hyman |

In Brown v. Van Ru Credit Corp., 2015 WL 6220521, at *2-5 (C.A.6 (Mich.),2015), the Court of Appeals for the Sixth Circuit affirmed the granting of judgment on the pleadings in favor of a debt collector based on the allegation that a voicemail message left violated the FDCPA.  In Brown,  a Van Ru employee called Brown's business and left the following voicemail… Read More

District Court (N.Y.) Says FDCPA Hasn’t Kept Up with Technology; Holds that Overheard V/M Did Not Violate FDCPA

by Scott J. Hyman |

In Zweigenhaft v. Receivables Performance Management, LLC, 2014 WL 6085912 (E.D.N.Y. 2014), Judge Dearie found a voicemail message did not violate the FDCPA. The case involved a voicemail message stating that a call was from a debt collector coupled with a return phone call where the voicemail message’s intended recipient is disclosed to a third-party. Courts addressing whether overheard voicemails… Read More

District Court (Mass.) Finds V/M Message Left at Debtor’s Former Telephone Number and Former Residence States a Claim under FDCPA

by Scott J. Hyman |

In Travers v. Collecto, Inc., 2013 WL 65452 (D.Mass. 2013), Judge O'Toole found that a voicemail message left for the debtor at a phone number/residence with which he was no longer associated stated a claim under the FDCPA. EOS does not challenge that the automated messages where communications about a debt made to a third party. Rather, EOS asks this Court to… Read More

District Court (Wash.) Finds Guerrero Controlling; FDCPA Not Applicable to Communications Directed at Debtor’s Counsel

by Scott J. Hyman |

In Angel v. American Recovery Services Inc., 2012 WL 3594371 (W.D.Wash.), Judge Coughenour followed the 9th Circuit’s rule in Guerrero that the FDCPA does not apply to communications with debtor’s counsel. ARSI contends that any relief for Plaintiff on the facts alleged is foreclosed by the Ninth Circuit's decision in Guerrero v. RJM Acquisitions, 499 F.3d 926 (9th Cir.2007). In… Read More

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