Tag Archives: collection

The Third Circuit gets one right

Letters mailed to a debtor at an address other than the debtor’s actual address are not communications with a third party.

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“Debt collector”

The Alabama Supreme Court reminds us that the term “Debt Collector” has a specific meaning under the FDCPA.

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Foreclosure inspectors

They aren’t debt collectors under the FDCPA as stated by the WD of KY.

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“In default”

The Western District of Kentucky discusses in Fausz the “in default” provision of the FDCPA.

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Vicarious liability

In general, creditors that aren’t debt collectors under the FDCPA can’t be held vicariously liable for the actions of those they hire to collect their debts, at least in the 6th and 7th Circuits.

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The Kentucky Supreme Court weighs in on Stratton

The Stratton decision out of the Sixth Circuit held that the KY interest statue should be read such that assignees of charged off debt weren’t entitled to recover any pre-judgment interest, even the statutory rate. ¬†Further, seeking such recovery may … Continue reading

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A rare law firm FDCPA win

Rarely do law firms win an FDCPA case on the basis that they are not “debt collectors” under the FDCPA because they don’t regularly engage in debt collection as part of their practice. ¬†However, this recent case out of the … Continue reading

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