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. Advertisements

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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

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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.

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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

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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

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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.

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