Category Archives: Legal

Orders from the court

In Hardin from September of 2017 the Sixth Circuit, thru some tortured logic comes to the conclusion that  orders emanating from the court or the court clerk aren’t required to have the FDCPA warnings on them. Congress could solve these … Continue reading

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Garnishment and registration of foreign judgments

In Fish v. Stone the W.D. of TN addresses claims that registration of a sister state judgment in a county other than the consumer’s county of residence violates the venue provisions of the FDCPA and that the lack of the … Continue reading

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Spokeo helps… .sometimes

The requirement in the recent Supreme Court case of Spokeo which requires an actual injury that a plaintiff can point to in order to recover damages has not had a lot of effect in the FDCPA world.  Most courts have … Continue reading

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The 7th Circuit stabs the debt collector in the back

The 7th Circuit had previously laid out safe harbor language that collectors could use when collecting debt with a variable balance.  In a recent decision, the court refuses to allow the safe harbor language to protect the collector due to … Continue reading

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A creditor win in Indiana

It isn’t often you see a law firm or collection agency defeat an FDCPA claim based on the bona fide error defense 15 U.S.C. § 1692k(c).  However, this collection agency-Defendant won on cross-motions for summary judgment based on the defense when … Continue reading

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How not to strike back at consumer attorneys

By filing a RICO suit.  This New Jersey collection attorney should have heeded this advice.

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Not every collection screw up gives rise to an FDCPA action

However, the law firms involved here really dodged a bullet here.  The 2nd Circuit is a lot less harsh than some others, most notably the 9th.

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