-
Recent Posts
Recent Comments
dknights on This land ain’t your… dknights on A.I. lawyers? dknights on Favorite legal story of the… dknights on Creative justice dknights on The mess that is our criminal… Archives
- March 2024
- February 2024
- August 2020
- July 2020
- May 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- May 2019
- March 2019
- February 2019
- January 2019
- December 2018
- June 2018
- May 2018
- April 2018
- March 2018
- January 2018
- December 2017
- November 2017
- September 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- September 2016
- July 2016
- May 2016
- April 2016
- January 2016
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- June 2008
Categories
Meta
Monthly Archives: July 2015
Disclosing a bar code
In this Federal District court case from Pennsylvania case, the court holds that disclosure of nothing more than a bar code to a third party represents meaningful third party disclosure an is an FDCPA violation.
FDCPA trials
FDCPA cases rarely end in trials. (Actually, very few non-criminal cases get tried.) Here is a judge’s findings of fact and conclusions of law in a recent bench trial of an FDCPA case. It makes for interesting reading for the … Continue reading
Posted in Legal
Tagged attorney, collection, Colorado, court, FDCPA, judgment, law, trial
Leave a comment
Burden of Proof
In this case, the 3rd Circuit tells us that the burden of proof for establishing justification for calling a third-party under the FDCPA lies with the debt collector. Not unexpected, but another worry nonetheless.
Account numbers
This recent decision of a Federal District Court in Illinois, refuses to follow the reasoning of the 3rd Circuit in Douglass regarding account numbers being visible on items mailed to a consumer.
An interesting case
This is an interesting case for several reasons. 1. It seems to allow a bona fide error defense to a “mistake of law” claim in spite of Jerman 2. It raises an interesting defense to a claim of an FDCPA … Continue reading
More on time barred proofs of claim
The 8th Circuit has weighed in, and come down on the side of the creditor. Given the opposite rulings out of the 7th Circuit, we have a split, which may mean we have another FDCPA case ready for the Supreme … Continue reading
Material misrepresentation
The Third Circuit reminds us that to be an FDCPA violation a misrepresentation must be material. Its nice to see this ruling, but I wouldn’t want to find myself having to rely on it.
What’s a communication?
A case that reminds us that in order to be covered by the FDCPA a communication must be an attempt to collect a debt. Not ever communication from a “debt collector” qualifies.
The Court of Last Resort 