In Hagler v. Credit World Services, Inc., Judge Hagler found that a debt collector did not violate the FDCPA by leaving a single voicemail message for the debtor. The facts of this case are few and undisputed. Defendant Credit World Services is a debt collector. On June 11, 2013, Bill Jackson, an employee of defendant, called plaintiff and spoke to him… Read More
In Calhoun v. Certegy Check Services, Inc., 2014 WL 4146886 (M.D.Fla. 2014), Judge Whittemore found that a Plaintiff stated a FCRA claim against a check services company for failing to report an account as ‘disputed’ during its reinvestigation. Plaintiff brought this action alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., the Fair Debt… Read More
In McMahon v. LVNV Funding, LLC, 744 F.3d 1010 (7th Cir. 2014), the Court of Appeals for the Seventh Circuit found that a debt buyers’ collection letter purporting to collect on a time-barred debt that used the term “settle” falsely threatened litigation. Relying in part on the district court opinion in Rice v. Midland Credit Mgmt., Inc., 933 F.Supp.2d 1040… Read More
In McLaughlin v. Phelan Hallinan & Schmieg, LLP, --- F.3d ----, 2014 WL 2883891 (3rd Cir. 2014), the Court of Appeals for the Third Circuit held that an FDCPA Plaintiff need not demand debt validation as a pre-requisite to filing an FDCPA action. PHS argues that it nonetheless cannot incur “liability as a matter of law where it has complied… Read More
In Tourgeman v. Collins Fin. Serv., Inc. (9th Cir. 2014) 2014 DAR 8247, here, the Court of Appeals for the Ninth Circuit held, following Robins v. Spokeo, Inc. (9th Cir. 2014) 742 F.3d 409 and other similar cases, that, in general, a plaintiff may establish Article III standing by showing only that the defendant has violated some right or protection granted the… Read More
In Altman v. J.C. Christensen & Associates, Inc., 2014 WL 2612124 (E.D.N.Y. 2014), Judge Ross refused find a deceptive statement for a settlement offer collection letter mailed during tax season. In Landes v. Cavalry Portfolio Services, LLC, the District Court for the Eastern District of Virginia cogently addressed nearly the same circumstances as are presented here. In Landes, the defendant… Read More
In Grace v. LVNV Funding, Inc., 2014 WL 2167487 (W.D.Ky. 2014), Judge Heyburn found that an 18% “service charge” charged for late payments in a medical services contract was disguised “interest” that violated Kentucky’s usury laws and the FDCPA. Judge Heyburn denied summary judgment to the Plaintiff, however, because it was not clear that the misconduct occurred during the FDCPA’s… Read More
In Strobel v. RJM Acquisitions, Inc, here, Judge Seybert found that a debt collector’s reference to it’s A+ rating with the BBB was not a deceptive or unfair act under the FDCPA. Here, Plaintiff argues that the Letter’s inclusion of an A† rating from the BBB bolsters Defendant’s reputation and decreases the likelihood that the least sophisticated consumer would question… Read More
In Grochowski v. Daniel N. Gordon, P.C., 2014 WL 1516586 (W.D.Wash. 2014), Judge Zilly addressed the impact of a “charge-off” on a creditor and debt collector’s right to collect the contractual rate and the state pre-judgment interest rate. Plaintiff contends that, in “charging off” plaintiff's debt, Capital One waived its right to collect interest at the contractual rate and, as… Read More
In Quinteros v. MBI Associates, Inc.--- F.Supp.2d ----, 2014 WL 793138 (E.D.N.Y. 2014), Judge Kuntz held that a debt collector's letter purporting to charge a $5.00 Processing Fee for payments by phone or credit card violated the FDCPA because the charge was not set forth by the instrument creating the obligation and was incidental to the debt. On February 22, 2012,… Read More
In Hanson v. JQD, LLC, 2014 WL 644469 (N.D.Cal. 2014), Judge Seeborg held that the Davis Sterling Act – in conjunction with the FDCPA -- may constrain a third party debt collector’s right to collect unfettered costs of collection, but found that the legal theory pleaded by the Plaintiffs to be unclear. Although no California appellate court has directly addressed… Read More
In De Amaral v. Goldsmith & Hull, 2014 WL 572268 (N.D.Cal. 2014), Judge Orrick granted summary judgment to an FDCPA Plaintiff who found falsity in a debt buyer’s identification in the state court complaint that it was an entity to whom the plaintiffs are “indebted” and who “provided” credit pursuant to a “written agreement.” Judge Orrick found that allegation deceptive… Read More
In Hadsell v. CACH, LLC, 2014 WL 497433 (S.D.Cal. 2014), Judge Lorenz, within the context of a motion for reconsideration, granted partial summary judgment and denied partial summary judgment to an FDCPA defendant alleged to have violated a Cease-and-Desist letter from the debtor and to have violated the FDCPA by praying for 10% interest in the Prayer for Relief in… Read More
In Boon v. Professional Collection Consultants, --- F.Supp.2d ----, 2014 WL 353813 (S.D.Cal. 2014), Judge Huff dismissed a Rosenthal Act claim against a debt collector who had filed and dismissed a state court collection action. Filing a debt collection lawsuit is not a violation of the FDCPA or Rosenthal Act, “even if the debt collector does not at the time… Read More
In Farber v. JPMorgan Chase Bank N.A., 2014 WL 68380 (S.D.Cal. 2013), Judge Curiel found that mortgage servicers were subject to the Rosenthal Act, but found that only certain conduct might be actionable. The facts were as follows: In September 2010, Farber sold the Property by way of a “short sale” with Defendant receiving approximately $1,139,345.00. (Id. ¶ 21.) In… Read More
In Holmes v. NCO Financial Services, Inc., --- Fed.Appx. ----, 2013 WL 4376585 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment to a 4th-in-line debt collector who purportedly communicated information to the consumer reporting agencies without also reporting that it was disputed. The FDCPA provides that a debt collector… 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
In Lembach v. Bierman, --- Fed.Appx. ----, 2013 WL 2501752 (4th Cir. 2013), the 4th Circuit Court of Appeals held that allegedly falsely executed foreclosure documents were not actionable under the FDCPA because the documents were accurate, even if improperly executed. The Court of Appeals also held that the general catch-all ‘unfair’ practices provision of the FDCPA did not apply… Read More
In Ambriz v. Patenaude and Felix, A.P.C., 2013 WL 2444648 (S.D.Cal. 2013), Judge Whelan allowed an FDCPA action to proceed against debt collection law firm who dismissed a state court collection claim without prejudice. Defendant argues that a state court collection complaint cannot form the basis for an FDCPA claim. Defendant cites Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct.… Read More
In Bliese v. Credit Bureau of Ukiah, Inc., 2013 WL 1694952 (N.D.Cal. 2013), Judge Illston granted summary judgment to a debt collector against a claim that the debt collector falsely threatened to file suit against the debtor. Plaintiff's first claim is for “threatening to file a lawsuit against Plaintiff even though Defendant did not intend to do so,” in violation… Read More
