The 7th Circuit stabs the debt collector in the back

The 7th Circuit had previously laid out safe harbor language that collectors could use when collecting debt with a variable balance.  In a recent decision, the court refuses to allow the safe harbor language to protect the collector due to a very technical reading of the situation.  Frankly, IMHO, this goes too far.  I believe that the District Court’s decision was correct and the 7th Circuit reversal was wrong.

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FTC enforcement action

The FTC continues to file enforcement actions under the FDCPA.  The defendant here is incarcerated and proceeding pro se. Can’t say I am surprised he didn’t prevail.

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A creditor win in Indiana

It isn’t often you see a law firm or collection agency defeat an FDCPA claim based on the bona fide error defense 15 U.S.C. § 1692k(c).  However, this collection agency-Defendant won on cross-motions for summary judgment based on the defense when one of its form letters was changed and the FDCPA validation notice was altered.  The agency had very little in the way of procedures in place to avoid such errors, but the court held that what they did have was good enough.

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How not to strike back at consumer attorneys

By filing a RICO suit.  This New Jersey collection attorney should have heeded this advice.

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Not every collection screw up gives rise to an FDCPA action

However, the law firms involved here really dodged a bullet here.  The 2nd Circuit is a lot less harsh than some others, most notably the 9th.

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A new FDCPA decision from the W.D. KY

Opinion in Simpson v. Xerox here.  The court says a pro se defendant made a prima facie claim under the FDCPA.  However, court did not address whether or not the defendant was an original creditor collecting their own debt.

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Claim preclusion

A defense of claim preclusion is used to successfully defeat a Federal Court FDCPA suit.

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