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Fair Debt Collection Practices Act Charge-Off

Ballard Spahr LLP

Third Circuit Rules Pennsylvania Consumer Discount Company Act Does Not Regulate Collection of Charged-Off Debts

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On February 7, 2024, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s Order granting a motion for judgment on the pleadings and holding that a charged-off loan made by a lender licensed under the...more

Manatt, Phelps & Phillips, LLP

California Appellate Court OKs Prejudgment Interest After Charge-off

Adding prejudgment interest to a consumer’s debt from the date of charge-off—and reporting the account with that interest to multiple credit bureaus—did not violate the Rosenthal Fair Debt Collection Practice Act, a...more

Ballard Spahr LLP

Parties seek preliminary approval of class action settlement in Madden case

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The parties in Madden v. Midland Funding, LLC. have filed a joint motion with the New York federal district court seeking preliminary approval of a class settlement....more

Ballard Spahr LLP

Plaintiff Can Sue as "Consumer" Under FDCPA Despite Claiming Debt Not His, Court Rules

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In Loja v. Main Street Acquisition Corporation, the plaintiff filed a lawsuit in federal district court for alleged FDCPA violations against Main Street Acquisition Corporation and the law firm it retained to file a state...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. See 15 U.S.C. § 1692e. Recently, the Eastern District of New York took an...more

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