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FDCPA (Fed & State)

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Governor Gavin Newson approved SB 531 on October 4, 2021. The bill sponsored by Senator Bob Wieckowski (D-Fremont) allows consumers to request verification that debt collectors collecting on delinquent debts have the authority to collect a debt and also prohibits a debt collector from making any written statements to a debtor in an attempt to collect a debt unless the… Read More

In Shafer v. Moore Law Grp., No. 3:20-cv-00525-MMD-CLB, 2021 U.S. Dist. LEXIS 174185, at *8 (D. Nev. Sep. 14, 2021), Judge Du allowed an FDCPA case to press forward against a debt collector who served a pleading directly on a represented party in an existing lawsuit because the party's lawyer had not formally entered an appearance. Plaintiff alleges that, despite… Read More

In Weiser v. Castille, No. 20-2043, 2021 U.S. Dist. LEXIS 173993, at *13-14 (E.D. La. Sep. 14, 2021), Judge Lemmon dismissed FDCPA and FCRA claims arising out of a Plaintiff's investment mobile home properties.   Additionally, an obligation arising from a commercial transaction, as opposed to a transaction "primarily for personal, family, or household purposes" is not a "debt" as defined… Read More

In Webb v. Midland Credit Mgmt., No. 20cv2211-MMA-WVG, 2021 U.S. Dist. LEXIS 173479, at *11-12 (S.D. Cal. Sep. 13, 2021), Judge Anello dismissed an FDCPA claim challenging the propriety upon which a state court debt judgment was obtained.  The facts were as follows: On December 11, 2018, Midland filed a state court complaint against Plaintiff "for the principal amount of… Read More

In Mariscal v. Flagstar Bank, FSB, No. ED CV 19-2023-DMG (SHKx), 2021 U.S. Dist. LEXIS 171374, at *4-8 (C.D. Cal. Sep. 9, 2021), Judge Gee dismissed, a second time, the Plaintiff's Rosenthal Act Class Action challenging a mortgage company's "pay-to-pay" fees. The fee itself need not be a debt, as long as it is connected to the collection of a… Read More

In Judge Autrey dismissed an FDCPA claim filed by a consumer's lawyer who received a 'dunning' letter from a debt collector attempting to ascertain his possible representation of a consumer. On July 27, 2020, Defendant attempted to collect the alleged consumer debt from the Consumer via mail by sending its initial collection letter to Plaintiff. Plaintiff received this initial collection letter… Read More

In Rodenburg LLP v. Certain Underwriters at Lloyd's of London, No. 20-2521, 2021 U.S. App. LEXIS 25516, at *2-4 (8th Cir. Aug. 25, 2021), the Court of Appeals for the 8th Circuit found no coverage for FDCPA claims under an attorneys' insurance policy.  The facts were as follows: Rodenburg, whose primary business is debt collection, obtained a default judgment on… Read More

In Keller v. Northstar Location Servs., No. 21-cv-3389, 2021 U.S. Dist. LEXIS 157820, at *4-6 (N.D. Ill. Aug. 20, 2021), Judge Johnson-Coleman kept jurisdiction over an FDCPA-Hunstein case despite the consumer's objection that the SCOTUS' decision in Ramirez deprived her of Article III standing. With this standard in mind, the Court turns to an Eleventh Circuit opinion where that court concluded… Read More

On August 19, 2021, the California Department of Financial Protection and Innovation issued a request for comments as it considers a second rulemaking related to the Debt Collection Licensing Act. The first rulemaking, issued earlier this year relates to the license application process and requirements for debt collectors who may begin to apply for a debt collection license starting in… Read More

In Ward v. Nat'l Patient Account Servs. Sols., No. 20-5902, 2021 U.S. App. LEXIS 24369, at *9 (6th Cir. Aug. 16, 2021), the Court of Appeals for the 6th Circuit found no Article III standing for a pure procedural violation of the FDCPA. To establish that the statutory violations here constitute concrete injury, Ward must show that NPAS, Inc.'s failure… Read More

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