Tag Archives: collection

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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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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