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CEB Prac. Guide § 2A.34J — False or Misleading Representations (Any False or Deceptive Practice)

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In Brown v. MRS BPO, LLC, No. 1:20 CV 06762, 2023 WL 6198815, at *1 (N.D. Ill. Sept. 22, 2023), Judge Gettleman dismissed an FDCPA premised on a debt collector's use of a local area code to get debtors to answer calls. When Judith Leavell (“Leavell”) became delinquent with respect to certain debts, including a debt from a Mercury Credit… Read More

The 3rd Circuit upheld a summary judgment ruling that dismissed a putative class action against a law firm: Candace Moyer brought a putative class action against Patenaude  &  Felix,  A.P.C.  under  the  Fair  Debt  Collection Practices Act (“FDCPA”) after Patenaude sent her a collection letter inviting her to “eliminate further collection action” by calling  Patenaude.  Moyer  claimed  that  this  invitation … 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 Altman v. J.C. Christensen & Associates, Inc., 2015 WL 2242398--- F.3d ---- (2d Cir. 2015), the Court of Appeals for the Second Circuit found no FDCPA violation for failing to advise a debtor that a settlement resulting in debt relief to the debtor would result in tax consequences. Altman argues that, by specifying the savings that he would enjoy… 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