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FDCPA (Fed & State)

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In Wagoner v. Npas, Inc., No. 3:18-CV-520 DRL-MGG, 2020 U.S. Dist. LEXIS 73381 (N.D. Ind. Apr. 27, 2020), Judge Leichty granted summary judgment under the FDCPA to an ‘early out’ debt servicer. NPAS serves as an "early-out" collector and extended business office for healthcare systems. A company hired to service the debt of another—i.e., send bills and collect routine payments—falls… Read More

In Krier v. United Revenue Corp., No. 3:19-CV-2954-G, 2020 U.S. Dist. LEXIS 74844 (N.D. Tex. Apr. 28, 2020), Judge Fish allowed an FDCPA claim premised on 15 USC 1692e(8) because the debt collector did not report the account a disputed. Krier claims that United violated Section 1692e(8) of the FDCPA by failing to include notice of Krier's dispute in the… Read More

In Matthias v. Tate & Kirlin Assocs., No. 19-cv-182-slc, 2020 U.S. Dist. LEXIS 63894, at *8-9 (W.D. Wis. Apr. 13, 2020), Judge Crocker was unpersuaded that individual questions of commercial versus consumer debt could defeat class certification in an FDCPA dunning letter class action. Similarly, there is no authority supporting defendants' contention that Matthias must show that each putative class… Read More

In Hayward v. Bank of Am., N.A., No. 2:16-cv-03047-MCE-DMC, 2020 U.S. Dist. LEXIS 60318, at *19-25 (E.D. Cal. Apr. 6, 2020), Judge England denied summary judgment in a Rosenthal Act case. In support of her Second Claim, for violation of California's Rosenthal Act, Plaintiff alleges that [*20]  BANA made harassing calls to Plaintiff and in so doing used false and unconscionable… Read More

In Bryan v. Credit Control, LLC, No. 19-244-cv, 2020 U.S. App. LEXIS 10519, at *7-9 (2d Cir. Apr. 3, 2020), the Court of Appeals for the Second Circuit gave guidance on disclosure of "true creditor" in a credit card collection transaction for a credit card for a private label retailer. In arguing that Credit Control violated Section 1692g, Bryan insists… Read More

In McAdory v. DNF Associates, LLC (9th Cir. 2020), the Court of Appeals for the 9th Circuit followed the Third Circuit’s decision in Barbato v. Greystone All., LLC (3d Cir. 2019) 916 F.3d 260, to find that a company whose principal business activity is buying defaulted debts from creditors is a "debt collector" for purposes of the FDCPA even if… Read More

In Cagayat v. United Collection Bureau, Inc, No. 19-3431, 2020 U.S. App. LEXIS 7234 (6th Cir. Mar. 9, 2020), the Court of Appeals for the Sixth Circuit adopted and expanded the Third Circuit’s  Douglass decision to apply to an enclosed letter’s text that bleeds through an envelope. The Letters attached as exhibits do not utterly discredit Cagayat's assertion that the… Read More

In Faircloth v. AR Res., Inc., No. 19-cv-05830-JCS, 2020 U.S. Dist. LEXIS 28335 (N.D. Cal. Feb. 19, 2020), Judge Spero found that the discovery rule did not apply to either the FDCPA or Rosenthal Act. 1. The Discovery Rule Does Not Apply to the FDCPA.  Defendant claims that the FAC should be dismissed because claims brought under the FDCPA and… Read More

In Allen v. Credit Collection Servs., No. 2:18-cv-00929-MCE-KJN, 2020 U.S. Dist. LEXIS 27363 (E.D. Cal. Feb. 18, 2020), Judge Englund dismissed an FDCPA claim on the basis that the call number and pattern did not constitute harassment under the FDCPA. Plaintiff maintains that, despite CCS' call logs and telephone recordings of the two actual conversations its representatives had with Plaintiff… Read More

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