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CEB Prac. Guide § 2A.34I — False or Misleading Representations (False Impression of Source of Communication)

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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

In Echlin v. PeaceHealth, 2018 WL 1801582, at *5–6 (C.A.9 (Wash.), 2018), the Court of Appeals for the Ninth Circuit held that a debt collector who engaged meaningfully in the debt collection process did not engage in “flat rating”. Echlin primarily argues that CCI did not meaningfully participate in the attempts to collect her debts because CCI did not engage… Read More

In CFPB v. Weltman, Weinberg & Reid, Co., 2018 WL 1709408, at *3 (N.D.Ohio, 2018), Judge Nugent denied the CFPB’s and a debt collection law firm’s motions for summary judgment as to whether the law firm had meaningful involvement in the collection of the debts. Interestingly, the law firm defended the CFPB’s MSJ on the basis that the law firm… Read More

In Heathman v. Portfolio Recovery Associates, LLC, 2013 WL 3746111 (S.D.Cal. 2013), Judge Gonzalez stated that a debt purchaser’s failure to identify the original creditor by name in the debt purchaser’s form debt collection complaint in state court violated the Rosenthal Act because it render the complaint deceptive and misleading to the least sophisticated consumer. “To preserve the protections and… Read More