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FDCPA (Fed & State)

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In FTC v. Am. Future Sys., No. 20-2266, 2021 U.S. Dist. LEXIS 83401, at *3-4 (E.D. Pa. Apr. 30, 2021), Judge Slomsky allowed the FTC to proceed on unfair debt collection claims against a debt collection agency collecting on business related education and publication debts. On May 13, 2020, the FTC initiated this action against American Future Systems, Inc. ("AFS"),… Read More

In Campbell v. Douglas Knights & Assocs., No. 21-cv-01667-JCS, 2021 U.S. Dist. LEXIS 84499, at *14-16 (N.D. Cal. May 3, 2021), Judge Spero dismissed and FDCPA because it did not arise from a "debt". Here, the letters attached to the Complaint indicates that Douglas, Knight & Associates is an insurance subrogation agent seeking to collect on behalf of an insurance… Read More

In Hunstein v. Prefeerred Collection and Management Services, Inc., the Court of Appeals for the 11th Circuit addressed the question whether a debt collector's use of a mail-service to send its dunning letters, and sharing the debtor's information required to do so, violates the FDCPA. The short story: A debt collector electronically transmitted data concerning a consumer’s debt—including his name,… Read More

In Blackmon v. Ad Astra Recovery Servs., Case No.: 20-CV-800-CAB-JLB, 2021 U.S. Dist. LEXIS 75878 (S.D. Cal. April 20, 2021), Judge Bencivengo granted summary judgment to a debt collector who was alleged to have committed errors in connection with handling a purported claim of identity theft.   After the debtor failed to submit an affidavit of theft or police report but then… Read More

The CFPB issued an interim final rule that is effective May 3, 2021 to address certain debt collector conduct associated with an eviction moratorium issued by the CDC. The rule provides that debt collectors, as defined in the FDCPA, are required to provide written notice to certain consumers of their protections under the CDC Order’s eviction moratorium. Also, debt collectors… Read More

In Smith v. Stewart, Zlimen & Jungers, Ltd. (8th Cir. 2021) 990 F.3d 640, the 8th Circuit Court of Appeals upheld the dismissal of consolidation actions under the FDCPA against the same debt collection law firm and declined to hold that a FDCPA claim is stated ipso facto because the debt collector lost the underlying collection action. In underlying collections actions… Read More

In Henson v. Nationwide Credit, No. CV 20-11402 PA (MRWx), 2021 U.S. Dist. LEXIS 68689 (C.D. Cal. Apr. 7, 2021), Judge Anderson dismissed an FDCPA case challenging a debt collector’s disclosures in its validation letter. In determining whether conduct violates [the FDCPA, courts within the Ninth Circuit] undertake objective analysis of the question whether the 'least sophisticated debtor would likely… Read More

In Willison v. Nelnet, Inc., No. 20-3538, 2021 U.S. App. LEXIS 8921 (6th Cir. Mar. 25, 2021), the Court of Appeals for the 6th Circuit found that a student loan rehabilitation company was not subject to the FDCPA. Uncontradicted evidence clearly shows that Nelnet obtained Willison's loans for servicing after they were no longer in default. Willison participated in the… Read More

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