Monthly Archives: January 2015

Arbitration clauses and the FDCPA

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. Advertisements

Posted in Legal | Tagged , , , , | Leave a comment

Individual liability under the FDCPA

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.

Posted in Legal | Tagged , , , , | Leave a comment

Proofs of Claim on time-barred debt, round two

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.

Posted in Legal | Tagged , , , , , , | Leave a comment

Proud or disgusted?

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?

Posted in Kentucky, Legal, Politics | Tagged , , , , , , | Leave a comment

In default

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

Posted in Legal | Tagged , , , | Leave a comment

Proofs of Claim on time-barred debt

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.

Posted in Legal | Tagged , , , | 1 Comment

Don’t contact means don’t contact

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.

Posted in Legal | Tagged , , , | Leave a comment