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CEB Prac. Guide § 2A.34 -- Communications with the Debtor -- False or Misleading Representations

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In Koehler v. Waypoint Res. Grp., No. 8:18-cv-2071-T-60AAS, 2019 U.S. Dist. LEXIS 191438 (M.D. Fla. Nov. 5, 2019), the District Court held that a debt collector’s reporting of a cable bill to the CRAs did not trigger the FDCPA. All of Koehler's FDCPA claims are based on Waypoint's error in reporting the original creditor as "Charter Communications" rather than "Bright… Read More

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More

In Brown v. I.C. Sys., No. 16 C 9784, 2019 U.S. Dist. LEXIS 45384 (N.D. Ill. Mar. 20, 2019), Judge Alonso denied a debt collector’s summary judgment motion, first finding that the call pattern created a question of fact. Defendant argues that its recordings of connected calls show that plaintiff never told defendant to stop calling; on the few occasions… Read More

In Sanders v. LoanCare LLC, No. 18-CV-09376, 2019 U.S. Dist. LEXIS 20900, at *2-3 (C.D. Cal. Feb. 1, 2019), Judge Otero addressed, albeit in a mortgage situation, whether the collection of an online payment fee during a 10-day grace period triggered the Rosenthal Act.  The facts were as follows: In February 2018, Plaintiff received a Notice of Service Transfer ("Notice")… Read More

In Izett v. Crown Asset Management, LLC., 2018 WL 6592442, at *4–5 (N.D.Cal., 2018), Judge Chen refused to strike an affirmative defense related to an FDCPA allegation that a CCP 98 declaration in the underlying state court debt collection action allegedly was false. Defendants' seventeenth affirmative defense asserts: “A debt collector does not make misrepresentations in violation of [the FDCPA]… Read More

In Alarcon v. Vital Recovery Services, Inc., 2018 WL 6266558, at *4 (S.D.Cal., 2018), Judge Burns granted summary judgment under the FDCPA in favor of a debt collector who collected, by non-judicial means, on a debt that previously had been adjudicated in favor of the debtor. The question presented in this case is whether that ruling in favor of Alarcon in… Read More

In Jones v. Synergetic Communication, Inc., Case No. 18-CV-1860-BAS-RBB, 2018 WL 6062414 (S.D. Cal. November 20, 2018), the District Court dismissed an FDCPA claim brought against a debt collector arising out of a letter collecting on a time-barred debt. The Court concludes that, in the context of this case, the “will not sue” language could not plausibly mislead the least… Read More

In McRobie v. Credit Protection Association, 2018 WL 5608121 (E.D.Pa. 2018), Judge Leeson held that a red, white, and blue texted envelope that said “official notice” on it did not constitute misrepresenting that the communication was from a government official under the FDCPA. Case law interpreting § 1692e(9) is sparse. The parties cite no Third Circuit precedent interpreting the provision;… Read More

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