Tag Archives: collection

How not to strike back at consumer attorneys

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

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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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A new FDCPA decision from the W.D. KY

Opinion in Simpson v. Xerox here.  The court says a pro se defendant made a prima facie claim under the FDCPA.  However, court did not address whether or not the defendant was an original creditor collecting their own debt.

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Claim preclusion

A defense of claim preclusion is used to successfully defeat a Federal Court FDCPA suit.

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Screw up, write a check

An Eight Circuit court opinion shows the dangers of mass practice of collection cases.  I suspect that the Plaintiff would not have succeeded in their appeal had the Defendant (the Plaintiff in the collection action) hadn’t served discovery in a … Continue reading

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Least sophisticated consumer and amount of the debt

A recent Second Circuit decision has a nice discussion of the least sophisticated consumer standard and the requirement that the demand state the amount of the debt.  Opinion here.

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Debt buyer as a debt collector

The Western District of Kentucky addresses the issue of whether passive debt buyers can be debt collectors under the FDCPA and thus liable for the actions that the attorneys they hire take in collecting the debt.  Interesting note here, the … Continue reading

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