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

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Seventh Circuit Says Debt Collectors’ Itemization of “Principal” Can Include Original Creditor’s “Interest”

by Scott J. Hyman |

In Wahl v. Midland Credit, Inc. --- F.3d ----, 2009 WL 426055 (7th Cir. 2009), the Court of Appeals for the Seventh Circuit addressed whether a debt collector used a false and deceptive means to collect a debt because it included in the “principal” balance amounts which the original creditor levied as “interest”.  The Court of Appeals described Plaintiff’s argument… Read More

California Trial Court Says Filing Collection Lawsuits Without Qualification to do Business Does Not Violate FDCPA

by Scott J. Hyman |

In Great Seneca Financial v. Holtzclaw, (L.A.Super. No. LC075416), Superior Court Judge Lichtman granted Summary Adjudication to Great Seneca Financial against the debtor's FDCPA claim.  The debtor argued that Great Seneca had not qualified to do business in California at the time Great Seneca filed a collection action against the debtor.  Judge Lichtman rejected that argument as factual basis for… Read More

What is a “charged-off” account, anyway?

by Scott J. Hyman |

In Kelly v. Wolpoff & Abramson, LLP, 2008 WL 2397689 (D.Colo. 2008), District Judge Nottingham rejected a consumer's claim that a debt collector violated the FDCPA by collecing on a "charged off" account.  Judge Nottingham rejected the misperception some consumers have that "charging off" an account equates to debt extinguishment. According to generally accepted accounting principles codified into federal regulations and… Read More

Northern District Denies Plaintiff’s Summary Judgment Motion under Foti

by Scott J. Hyman |

In Reed v. Global Acceptance Credit Company, 2008 WL 3330165 (N.D.Cal. 2008), Judge Whyte rejected plaintiff's claim under Foti v. NCO Fin. Systems, Inc. 424 F.Supp.2d 643 (S.D.N.Y. 2006) and Hosseinzadeh v. M.R.S. Assocs, Inc. 337 F.Supp.2d 1104 (C.D.Cal. 2005) that a debt collector's failure to identify itself as a "debt collector" under 15 U.S.C. 1692e(11) violated that provision.  Here,… Read More

Northern District allows Adverse Credit Reporting Warnings; says Credit Report is ‘hearsay’ as to Information Reported by Furnisher

by Scott J. Hyman |

On July 3, 2008, Judge Conti ruled in Cruz v. MRC Receivables, Inc. -- F.Supp.2d -- 2008 WL 2627143 (N.D.Cal. 2008) on a debt collector's summary judgment motion in an FDCPA claim alleging that inclusion of the Notice of potentially adverse credit reporting required by California Civil Code § 1785.26 and 15 U.S.C. 1681s-2(a)(7)(A)(i) constituted an unfair collection tactic because… Read More

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