News & Analysis as of

Fair Debt Collection Practices Act

Georgia Federal Court Finds Dialing System is Not an ATDS Due to Human Intervention

by Burr & Forman on

In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”)...more

Third Circuit Holds Discovery Rule Does not Apply to FDCPA Limitations Period

by Goodwin on

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more

Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With...

by Davis Wright Tremaine LLP on

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s...more

The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the...

In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations in the FDCPA runs...more

Third Circuit Disagrees with Fourth and Ninth Circuit, Rules that Limitations Period for FDCPA Claims Starts on Occurrence

by Hinshaw & Culbertson LLP on

In Rotkiske v. Klemm, the Third Circuit ruled that the statute of limitations for a Fair Debt Collection Practices Act (FDCPA) claim begins to toll on the date of the alleged violation, not when the plaintiff discovers the...more

Third Circuit Holds Discovery Rule Inapplicable to FDCPA SOL

The Third Circuit ruled that the “discovery rule” does not apply to toll the one-year statute of limitations bar for claims under the Fair Debt Collection Practices Act (FDCPA). The ruling creates a stark circuit split as the...more

Third Circuit: FDCPA Statute of Limitations Runs From Occurrence, Not Discovery, of Alleged Violation

by Ballard Spahr LLP on

The one-year statute of limitations (SOL) for Fair Debt Collection Practices Act (FDCPA) claims begins to run when the alleged violation occurs and not when it is discovered, the U.S. Court of Appeals for the Third Circuit...more

Creating a Circuit Split Regarding the Fair Debt Collection Practices Act: Rotkiske v. Klemm, — F.3d —, 2018 WL 2209120 (3d Cir....

by Tucker Arensberg, P.C. on

The United States Court of Appeals for the Third Circuit issued its opinion in Rotkiske v. Klemm, a unanimous, en banc decision yesterday that creates a clear split with the Fourth and Ninth Circuits. The Third Circuit ruled...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Seventh Circuit Encourages Gamesmanship In Debt Disputes

by Locke Lord LLP on

The United States District Court for the Northern District of Illinois has recently issued several decisions unfavorable to debt collectors, including McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736 (N.D. Ill. Mar....more

Consumer Financial Services Spring 2018 Update

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...more

Involvement in "Hallmark" Debt Collection Activities Not Required for "Meaningful Participation" under FDCPA, Ninth Circuit Rules

by Ballard Spahr LLP on

A company did not violate the Fair Debt Collection Practices Act (FDCPA) by creating a false impression that it was meaningfully involved in a medical center’s debt collection, even though it “did not engage in many of the...more

8th Circuit Rules that False Statement Must be Material in Order to Violate FDCPA

by Weiner Brodsky Kider PC on

On April 19, 2018, a three-judge panel for the Eighth Circuit joined the Third, Fourth, Sixth, Seventh, and Ninth Circuits when it ruled that allegedly false statements must also be material in order to constitute a violation...more

False Representation Must be Material to Violate FDCPA, Eighth Circuit Rules

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Eighth Circuit recently ruled that a debtor must show that a debt collector's alleged false representation was material for it to be a "false, deceptive, or misleading representation" in...more

CFPB files amicus brief in Seventh Circuit FDCPA case

by Ballard Spahr LLP on

The CFPB (referring to itself as the Bureau of Consumer Financial Protection) has filed what appears to be its first amicus brief since former Director Cordray’s departure....more

Mortgage Lenders, Servicers Fall Under California’s Rosenthal Act

California’s Rosenthal Fair Debt Collection Practices Act encompasses mortgage lenders and servicers, a state appellate panel ruled, weighing in on an issue that has split the federal district courts in the state. Servicers...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Eighth Circuit Joins Five Other Circuits in Applying a Materiality Requirement to FDCPA Claims

by Hinshaw & Culbertson LLP on

In Hill v. Accounts Receivable Services, LLC, a consumer sued a collection agency for violations of § 1692e of the Fair Debt Collection Practices Act (FDCPA) on allegations that the collection agency's exhibits submitted in a...more

Eighth Circuit Says Misleading Statements Must Be Material for FDCPA Liability

by Balch & Bingham LLP on

In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection...more

Hinshaw Obtains Major Win for Passive Debt Buyer Before Massachusetts Supreme Judicial Court

by Hinshaw & Culbertson LLP on

Hinshaw secured a major victory last week before the Massachusetts Supreme Judicial Court on behalf of passive debt buyers. At issue was whether LVNV Funding, LLC was operating as an unlicensed debt collector in...more

Health Care Providers Beware: Consumer Finance Regulations Apply Medical Debt Collection

by Baker Donelson on

While the prosecution of consumer banks and other lenders is the type of federal regulation that typically makes the headlines, many of the same debt collection regulations also apply to the collection of medical debts....more

No Bill of Sale, No Problem: Compelling Arbitration of FDCPA Claims

by Balch & Bingham LLP on

Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more

Massachusetts Supreme Judicial Court Holds Passive Debt Buyers Are Not Debt Collectors Under Massachusetts Law

by K&L Gates LLP on

The Massachusetts Supreme Judicial Court recently held in Dorrian v. LVNV Funding, LLC, that “passive debt buyers” are not “debt collectors” required to be licensed under the Massachusetts Fair Debt Collection Practices Act...more

Financial Services 2017 Year-End Report

by BakerHostetler on

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for...more

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action...

A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and determining they were reasonably calculated to avoid any errors. Guynn v....more

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