Monthly Archives: January 2015

Arbitration clauses and the FDCPA

Posted on January 28, 2015 by dknights

Here, the court suspends an FDCPA action and forces the plaintiff to arbitrate the FDCPA claims due to a clause in the underlying credit agreement.  Color me shocked.

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Individual liability under the FDCPA

Posted on January 27, 2015 by dknights

A recent case discusses the question of individual liability of employees and owners of debt collection entities under the FDCPA..  There is a split of authority on the question.  The 6th Circuit allows it and the 7th Circuit doesn’t.

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Proofs of Claim on time-barred debt, round two

Posted on January 26, 2015 by dknights

An Illinois Federal District Court rules that filing a PoC on time-barred debt is not an FDCPA violation.  This creates an in-circuit split in the 7th Circuit on this issue.  See my previous post.

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Proud or disgusted?

Posted on January 26, 2015 by dknights

I am not sure.  Am I proud that one of our state legislators has actually read the Kentucky State Constitution, or disgusted by the fact that he is trying to use it to get our of a DUI?

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In default

Posted on January 24, 2015 by dknights

An interesting discussion of how to judge when an account was in default for the purposes of the FDCPA.

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Proofs of Claim on time-barred debt

Posted on January 23, 2015 by dknights

The 11th Circuit has previously ruled that filing a proof of claim on time-barred debt is an FDCPA violation.  The 7th Circuit may well follow suit if this District Court decision is any indication.

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Don’t contact means don’t contact

Posted on January 22, 2015 by dknights

This is pretty simple and it amazes me that creditor firms still mess this up.  And no, arguing that the FDCPA no contact rules don’t apply because the letter came from the debtor’s lawyer isn’t going to fly.  Opinion here.

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Can form pleadings and form discovery give rise to an FDCPA violation?

Posted on January 21, 2015 by dknights

The 8th Circuit doesn’t answer that question, however they remand the case to the District Court ruling that the District Court improvidently granted class action status to a complaint based on those issues.

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Is a towing company a “debt collector”?

Posted on January 20, 2015 by dknights

I think the answer is yes.  The Federal District Court for Western District of Kentucky said that they didn’t have enough information to rule one way or the other on the issue in this case.  I am pretty sure the … Continue reading →

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Private info and the FDCPA

Posted on January 5, 2015 by dknights

Though this court ruled that revealing in court filings, the debtor’s account number, date of birth and SSN didn’t give rise to an FDCPA violation, I am not sure that another court might be as understanding.  Be careful.  Details, details, … Continue reading →

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