Tag Archives: FDCPA

Claim preclusion

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

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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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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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