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Statutory Violations Statute of Limitations Debt Collection

Troutman Pepper Locke

Sixth Circuit Confirms No FDCPA Violation for Debt Collection Within the Statute of Limitations

Troutman Pepper Locke on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it threatened legal action to collect debts that were still within...more

Foster Swift Collins & Smith

U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

On March 1, 2023, the U.S. Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA). The decision, in...more

Orrick, Herrington & Sutcliffe LLP

6th Circuit: Each alleged FDCPA violation carries its own statute of limitations

On March 1, the U.S. Court of Appeals for the Sixth Circuit reversed the dismissal of a debt collection action, holding that every alleged violation of the FDCPA has its own statute of limitations. According to the opinion,...more

Cadwalader, Wickersham & Taft LLP

U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan...

On April 29, 2022, the U.S. Court of Appeals for the Third Circuit granted a petition for permission to appeal in Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trusts filed by defendants...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Ballard Spahr LLP

CFPB files amicus brief in support of plaintiff in Fourth Circuit FDCPA case

Ballard Spahr LLP on

The CFPB has filed an amicus brief in Bender v. Elmore & Throop, P.C., an appeal before the Fourth Circuit involving the application of the FDCPA’s one-year statute of limitations.  The brief supports the position of the...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Rules “Informational Injury” Sufficient to Confer Article III Standing

Attempting to collect on time-barred debt without informing the consumer that a payment may renew the applicable statute of limitations creates an “informational injury” sufficient to confer Article III standing, a district...more

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