Seventh Circuit holds person who asserts he did not take out the debt is…

In Loja v. Main Street Acquisition Corp., 906 F.3d 680 (7th Cir. Oct. 18, 2018), someone took out a credit card in the plaintiffs name and did not pay it. A debt collector sought to collect the debt from the plaintiff leading the plaintiff to file suit under the FDCPA.…

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Noonan & Lieberman Webinar: Update on ADA Website Accessibility and Litigation Trend Alert

Please join Noonan & Lieberman for a free webinar where attorneys Jim Noonan and Solomon Maman will have an in-depth discussion of current state of the Americans with Disabilities Act (“ADA”) applicability to financial institutions’ websites, recent trends in ADA website accessibility litigations, risk mitigation strategies and strategies for responding to…

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Wisconsin court dismisses debtor’s FDCPA and FCRA claims because they were not abandoned by…

The debtor in Kitchner v. Fiergola, et al., No. 18 CV 133 (E.D. Wis. Sept. 18, 2018) brought suit under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”) against several attorneys for disclosing her credit score and history in a complaint they filed in a…

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Illinois district court says that debt collector violates the FDCPA by not itemizing breakdown…

The debotr in Vogel v. McCarthy, Burgess, & Wolff, Inc., No. 17 C 6681 (N.D. Ill. Aug. 6, 2018) sued the debt collector for violating the FDCPA by failing to itemize the elements of her total debt in a collection letter. The court ruled that an unsophisticated consumer could be…

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Georgia district court allows ADA suits to proceed against credit unions for their websites’…

In Jones v. Lanier Fed. Credit Union, No. 2:17-CV-00282-RWS (N.D. Ga. Sept. 26, 2018) and Jones v. Piedmont Plus Fed. Credit Union, No. 1:17-CV-5214-RWS (N.D. Ga. Sept. 26, 2018) a Georgia District Court allowed claims brought by a legally blind plaintiff to proceed against credit unions because their websites denied…

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Illinois court upholds verdict that publisher is not liable for error in tax sale…

In Wheeler Fin., Inc. v. Law Bulletin Publishing Co., 2018 IL App (1st) 171495 (Sep. 14, 2018) a tax purchaser sued the publisher of its tax deed notices for an error in the notice which resulted in the tax buyer losing its tax deed proceeding. The tax buyer alleged that…

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Seventh Circuit says state rule that debt collector must serve papers on debtor unless…

The Seventh Circuit in Holcomb v. Freedman Anselmo Lindberg, LLC, 900 F.3d 990 (7th Cir. Aug. 21 2018) reversed a district court judgment against a debt collector alleged to have violated the FDCPA rule against sending notices to a debtor it knows is represented by counsel. The Court held that…

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The Ninth Circuit affirmed dismissal of FDCPA class action when the plaintiff failed to…

The Ninth Circuit in Tourgeman v. Nelson & Kennard, 900 F.3d 1105 (9th Cir. Aug. 20 2018) held that it is the plaintiff’s burden to prove defendant’s net worth in an FDCPA class action. Because the plaintiff lacked evidence of the defendant’s net worth the appellate court affirmed the dismissal…

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Illinois Appellate Court holds there is no equitable mortgage without a written instrument

In Edward F. Paliatka v. Bush, et al., 2018 IL App (1st) 172435 (July 18, 2018) the Illinois Appellate Court affirmed the trial court’s order dismissing the mortgagee’s action to foreclose an equitable mortgage. The court held that an equitable mortgage does not exist without there being a written instrument.…

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Property inspector retained by mortgage servicer is not a debt collector and the door…

In Schlaf v. Safeguard Prop., LLC, No. 17-2811 (7th Cir. Aug. 10, 2018) the Seventh Circuit held that the company contracted by the mortgage servicer to perform occupancy inspections of mortgaged property was not a debt collector and the door hanger it left at the property was not an attempt…

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