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FDCPA (Fed & State)

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In Lynaugh v. Vincent, No. CV-19-04643-PHX-DJH, 2020 U.S. Dist. LEXIS 23246 (D. Ariz. Feb. 10, 2020), Judge Humetewa found that attorneys’ fees awarded in an underlying consumer litigation was not a debt incurred on a consensual basis and, accordingly, did not arise from a “transaction” under the FDCPA. The Court will first examine Defendants' contention that the attorneys' fees judgment… Read More

In Robertson v. AllianceOne Receivables Mgmt., No. 1:19-cv-00749-DAD-SKO, 2020 U.S. Dist. LEXIS 15768 (E.D. Cal. Jan. 29, 2020), Judge Drozd dismissed an FDCPA overshadowing claim. AllianceOne contends the validation statement in its notice is not overshadowed or contradicted by other messages appearing in the notice. AllianceOne also argues that the least sophisticated debtor would not construe the notice to have demanded… Read More

In Poghosyan v. First Fin. Asset Mgmt., No. 1:19-cv-01205-DAD-SAB, 2020 U.S. Dist. LEXIS 14137 (E.D. Cal. Jan. 27, 2020), Judge Drozd found that a plaintiff might be able to state a claim for improper debt collection under the CLRA. Although the California Supreme Court has not yet addressed whether the CLRA applies to certain types of financial transactions such as… Read More

In Preston v. Midland Credit Mgmt., No. 18-3119, 2020 U.S. App. LEXIS 1775 (7th Cir. Jan. 21, 2020), the Court of Appeals for the Seventh Circuit rejected a ‘benign language’ exception to section 1692f(8), finding that an envelope’s label “TIME SENSITIVE DOCUMENT” potentially violated the FDCPA. Following his receipt of the letter, Mr. Preston filed this action in which he… Read More

In Flecha v. Medicredit, Inc., No. 18-50551, 2020 U.S. App. LEXIS 481 (5th Cir. Jan. 8, 2020, the Court of Appeals for the Fifth Circuit reversed class certification in an FDCPA case. This class fails for similar reasons. Every member of the putative class received the same allegedly threatening letter from Medicredit. But the FDCPA penalizes empty threats, not all… Read More

In Rotkiske v. Klemm, 28 Fla. L. Weekly Fed. S. 8 (U.S. 2019), the Supreme Court rejected the application of a discovery rule in FDCPA cases. Rotkiske does not contest the plain meaning of §1692k(d)’s text or claim that he brought suit within one year of the alleged FDCPA violation. Instead, he suggests that we should interpret §1692k(d) to include… Read More

In Stimpson v. Midland Credit Mgmt., No. 18-35833, 2019 U.S. App. LEXIS 37470, at *8 (9th Cir. Dec. 18, 2019), the Court of Appeals for the Ninth Circuit held that a debt collector did not violate the FDCPA in its dunning letter collecting on a stale debt. Stimpson first identifies the letter's statute-of-limitations disclosure as a primary example of misleading… Read More

In Reyes v. IC Sys., No. 3:19-cv-01206 (JAM), 2019 U.S. Dist. LEXIS 207563, at *1-5 (D. Conn. Dec. 3, 2019), the District Court held that simultaneously debt collectors' consumer reporting on the same debt did not violate the FDCPA. The Fair Debt Collection Practices Act (FDCPA) provides in relevant part that a debt collector may not use false, misleading, or… Read More

The House Financial Services Committee passed 8 bills, according to an announcement from Rep. Maxine Waters today: The Ending Debt Collection Harassment Act of 2019 (H.R. 5021), a bill by Representative Ayanna Pressley (D-MA), to amend the Fair Debt Collection Practices Act (FDCPA) to prohibit a debt collector from contacting a consumer by email or text message without a consumer’s… Read More

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