The court found the consumer alleged an information injury sufficient to establish Article III standing under the FDCPA and certified a class based on a dunning letter listing an imminent expiration date for a settlement offer. 05/11/2022 2:00 P.M. 3.5 minute read Butela v. Midland Credit Management Inc., No. 2:20-CV-1612, 2022 WL 1237047 (W.D. Pa. […]
A New Jersey district court found a letter’s mention of a default cure date did not conflict with or overshadow the consumer’s dispute rights. 05/05/2022 2:15 P.M. 4.5 minute read Riotto v. SN Servicing Corp., No. 19-CV-13921, 2022 WL 1261532 (D.N.J. Apr. 27, 2022) By Andrew Pavlik – Compliance Analyst Note: ACA provides Daily Decisions […]
Don’t miss this critical collection letter webinar to make sure you’re prepared for July 1. 04/25/2022 6:00 P.M. 1 minute read The California Association of Collectors Inc. will host the following webinar: S.B. 531 Consumer Debt: What Collection Agencies and Creditors Must Provide to the Consumer Wednesday, April 27, 2022 11 a.m. to noon PST […]
After negotiating the amount of substantive damages in a Hunstein-type case alleging a collector violated the FDCPA by using a letter vendor to prepare and send collection letters, a collector further negotiated the amount of attorneys’ fees and costs, reducing the amount due from almost $40,000 to $31,500. 04/18/2022 3:00 P.M. 3 minute read Cooper […]
The appellate court found that a collection letter advising a consumer that, because of the age of the debt, the collection agency would neither sue the consumer for it nor report it to a credit agency, did not violate the FDCPA because the consumer didn’t make a payment, promise to do so, or otherwise act […]
The court granted summary judgment for a consumer who showed that a collection agency named the wrong entity rather than the original creditor in a collection letter. The substantial majority of courts in the 2nd Circuit consider the question of whether the least sophisticated consumer would be deceived by a collection practice to be a […]
The court denied a motion for summary judgment by a consumer who alleged a collector violated the FDCPA when the collector misstated the account balance in a collection letter by less than $1. The court found such an error was a non-material misrepresentation or a mere technical falsehood that would mislead no one. 03/24/2022 3:15 […]
The FDCPA may not be used as a means to enforce other statutes, and the broad and vague language of Section 1692f does not transform every violation of state or federal law into a violation of the FDCPA. However, the court found that a consumer’s contention that a collection agency imposed fees in violation of […]
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