FDCPA Legal Issues

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How to Combat Frivolous FDCPA Lawsuits: Tapping into Section 1927 and the Court’s Inherent Powers

The FDCPA’s bad faith provision is not the only way to fight improper litigation.

Mar 4, 2010

U.S. Supreme Court Considers Whether the FDCPA Bona Fide Error Defense Applies to Mistakes of Law

The Supreme Court heard oral arguments regarding whether the bona fide error defense applies to mistakes of law.

Feb 5, 2010

Is Donohue the Death Knell For Technical FDCPA Violations?

The Ninth Circuit adopts materiality standard for certain FDCPA claims.

Feb 5, 2010

Legislation Signed by President Obama Lifts Ban on Legal Services Corporation Seeking Statutory Attorney’s Fees

Legal Aid attorneys will be able to recover attorneys fees under the Fair Debt Collection Practices Act and other federal laws.

Jan 7, 2010

Greco Meaningful Involvement Disclaimer Does Not Always Protect Attorneys From FDCPA Liability

A letter from law firm that discloses an attorney has not reviewed the account at issue may violate the FDCPA.

Jan 7, 2010

Heightened Plausibility Pleading Standard Does Not Lead to Dismissal of Recent Massachusetts Case

Pleadings in FDCPA actions are rarely dismissed for not meeting the Twombly standard.

Jan 7, 2010

U.S. Supreme Court Oral Arguments Scheduled for Jerman

The U.S. Supreme Court will hold oral arguments on January 13, 2010, to decide whether the bona fide defense under the Fair Debt Collection Practices Act applies to mistakes of law.

Dec 4, 2009

How the Drossin Decision Has Eroded the Bona Fide Error Defense

An August 2009 decision from the Southern District of Florida suggests an agency’s error prevents it from using the bona fide error defense under the FDCPA.

Dec 4, 2009

Recent Developments from Massachusetts: New FDCPA and FCRA Decisions

The U.S. District Court for the District of Massachusetts addresses the imposition of collection fees and liability for investigating disputes.

Nov 6, 2009

The Federal Trade Commission Files a Joint Amicus Brief Regarding Jerman v. Carlisle

The FTC has joined the U.S. Department of Justice in filing an amicus brief concerning whether the FDCPA’s “bona fide error” defense applies not just to procedural or clerical errors, but also to errors of law.

Nov 6, 2009

Government Accountability Office Releases Report on Credit Card Debt Collection

The GAO issued a report examining consumer protections related to credit card collection processes and issues related to processes and practices involved in the collection and selling of delinquent credit card debt.

Nov 6, 2009

Attorney Involvement and the FDCPA: Recent Decision Focuses on Threshold for Meaningful Review of an Account

The U.S. District Court for the Eastern District of New York issued an opinion addressing meaningful review as well as reliance on another law firm’s review of an account.

Nov 6, 2009

FTC Hosts First Roundtable To Discuss Debt Collection Litigation and Arbitration

The roundtable spurred fiery discussion bringing together industry representatives, collection attorneys, consumer advocates, and judges.

Sep 4, 2009

Ninth Circuit Addresses Discovery Rule for FDCPA Claims

The court addressed whether the statute of limitations begins to run upon discovery of an alleged violation or when the alleged violation was purportedly committed.

Sep 4, 2009

U.S. Supreme Court to Consider Whether FDCPA’s Bona Fide Error Defense Applies to Mistakes of Law

The Supreme Court accepted the consumer’s writ for certiorari arising from an industry favorable decision out of the Sixth Circuit.

Jul 1, 2009
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