News & Analysis as of

Fair Debt Collection Practices Act Material Misrepresentation

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 27, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more

Ballard Spahr LLP

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

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

Smith Debnam Narron Drake Saintsing & Myers,...

Misstated Summons Did Not Create FDCPA Violation

A summons which stated the consumer had thirty days to answer a debt collection suit did not violate the FDCPA when the state rules of civil procedure only provided for twenty days. In Bryant v. Kass Shuler, P.A., the...more

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