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CEB Prac. Guide § 2A.35 -- Communications with the Debtor -- Unfair Practices

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In DiNaples v. MRS BPO, LLC, No. 18-2972, 2019 U.S. App. LEXIS 23937 (3d Cir. Aug. 12, 2019), the Court of Appeals extended its Douglass decision to QR codes. There is no dispute that that provision plainly prohibits the QR code. Still, as other courts have observed, § 1692f(8) is rather expansive when read literally. It would seemingly prohibit including… Read More

In Cooper v. Atl. Credit & Fin., No. 2:18-cv-01254-JHE, 2019 U.S. Dist. LEXIS 79011, at *15-16 (N.D. Ala. May 10, 2019), Judge England held that the FDCPA's "catch-all" provision under 1692f has limitations where allegedly offending conduct is expressly permitted under another section of the FDCPA. While Cooper cites a few cases standing for the proposition that certain conduct may… 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 Marshall v. CBE Group, Inc., 2018 WL 1567852, at *4–8 (D.Nev., 2018), Judge Navarro followed the ACA Int'l decision and, in the absence of interpretative guidelines by the FCC, applied the TCPA's "plain language". In light of this ruling, the Court will not stray from the statute's language which “mandates that the focus be on whether the equipment has… Read More

In Arias v. Gutman, Mintz, Baker & Sonnenfeldt, LLP, 2017 WL 5330081 (C.A.2 (N.Y.), 2017), the Court of Appeals for the Second Circuit did not adopt the argument adopted by other courts that the FDCPA's "general" prohibitions cannot provide an additional basis for liability when there already is a "specific" prohibition set forth elsewhere in the FDCPA. Franklin Arias claims… Read More

In Muhammad v. Reese Law Group, APC,  2017 WL 4557194, at *5 (S.D.Cal., 2017), Judge Anello held that alleged mispresentations made in a debt collection complaint were barred by the Rooker-Feldman doctrine. Here, the Court finds Plaintiff's misrepresentation and over-collection claim is barred by the Rooker-Feldman doctrine. Plaintiff argues she “does not challenge the validity of the 2001 money judgment,” thus Rooker-Feldman is… Read More

In Hart v. Credit Control, LLC, 2017 WL 4216029, at *3–4 (11th Cir. 2017), the Court of Appeals for the 11th Circuit provided guidance on leaving voicemails for debtors: We find that this voicemail, and other voicemails like it, constitute a communication within the meaning of the FDCPA. Specifically, we hold that a voicemail can, and will, be considered a communication… Read More

In Daubert v. NRA Group., LLC, 2017 WL 2836808, at *4–5 (C.A.3 (Pa.), 2017), the Court of Appeals for the Third Circuit found that a medical debt servicer did not meet its burden of demonstrating that it or its assignor received consent. The Sixth Circuit found prior express consent where the plaintiffs gave their cell numbers to a hospital-intermediary in… Read More

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