Unbelievable 

Yes,  I know that people lie to cops all the time,  but if police want to know why the public support for them is wavering   it is for things like this.   Just a petty cop on a power trip. 

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A rare law firm FDCPA win

Rarely do law firms win an FDCPA case on the basis that they are not “debt collectors” under the FDCPA because they don’t regularly engage in debt collection as part of their practice.  However, this recent case out of the Eastern District of Louisiana may give such law firms some hope.

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Its hard to be a debt collector

And getting harder and harder.  Defeating FDCPA claims, especially “false and misleading” claims at the summary stage is getting increasingly difficult.  This gives more and more power to the FDCPA Plaintiff’s bar given the cost of litigation and the fee shifting provisions of the FDCPA.

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Ouch

The issue of Kentucky attorneys not filing Bills of Cost in collection cases and then adding costs to their judgment amount and the related issue of the cost of judgment lien filings being included in costs is an issue of major concern for the Kentucky collection bar.  There are numerous suits on this issue in the Federal Courts in Kentucky.

According to this decision, it doesn’t look like the the collections bar is going to win these cases easily.

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Arbitration

Another case wherein a debt collector can use an arbitration provision to enforce arbitration of an FDCPA claim.  Also, it makes it clear that the collection attorney can take advantage of the arbitration clause if it is drafted correctly.

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More on time barred debts

I don’t know why attempts continue to be made to collect these debts.  The Statute of Limitations and is an affirmative defense.  I think that it ought to be allowable to collect such debts, even thru suit, until the defense is asserted.  However, the current jurisprudence disagrees with that position.

As such, attempting to collect time barred debts, even just with letters and phone calls, invites FDCPA suits.  There is a split among the circuits right now about whether or not such action is per se an FDCPA violation.  Here is the latest case on the subject.

 

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A Kentucky win for credit card debt collection

This recent Kentucky Court of Appeals decision affirms that a creditor can prevail on summary judgment on a credit card claim even without a copy of the signed contract.

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