Illinois district court holds that filing an unsuccessful foreclosure action is not a violation…

In Skibbe v. U.S. Bank, et al. No. 16 C 192 (N.D. Ill. Feb. 15, 2018), the United State District Court for the Northern District of Illinois District granted summary judgment to a mortgagee and the firm retained to handle a state court foreclosure on an FDCPA claim which asserted…

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Utah district court finds that state law debt collection claims are not barred when…

In Naranjo v. The Cherrington Firm, LLC, 2-17-cv-00645 (Jan. 22, 2018) the United State District Court for the District of Utah found in favor of the consumer that his Utah Consumer Sales Protection Act (“UCSPA”) claim was not barred by the Fair Debt Collection Practices Act (“FDCPA”). In Naranjo, the…

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Communications in connection with the renegotiation of a loan are not debt collection under…

A federal appeals court in Texas confirmed in Clark v. Deutsche Bank Nat’l Tr. Co. for Morgan Stanley ABS Capital I, Inc., Tr. 2006-HE3, No. 16-11806 (5th Cir. Jan. 22, 2018) that communications made in connection with a loan modification agreement doo not relate to the collection of a debt…

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7th Circuit’s FDCPA “safe harbor” language does not save debt collector

In Boucher v. Financial System of Green Bay, Inc., No. 17-2308 (7th Cir. Jan. 17, 2018), the plaintiff-debtor sued a debt collector under the FDCPA alleging that debtor’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed…

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Debtor did not suffer an “informational injury” under FDPCA where she did not seek…

In Wolter v. Anselmo Lindberg Oliver, LLC, No. 16 C 4205 (N.D. Ill. Oct. 4, 2017) the U.S. District Court for the Northern District of Illinois held that a debtor did not suffer a an “informational injury” sufficient to establish standing where she did not seek to compel the debt…

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Florida court holds consumer has no standing to sue under the FDCPA where communication…

A consumer in a state court collection action brought suit under the FDCPA contending that the debt collector’s response to the consumer’s motion to dismiss the state court case constituted a communication in violation of 15 U.S.C. § 1692e. The district court held that the response was a “formal pleading”…

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Debt collector cannot invoke FDIC’s safe harbor when relying on precedent that is later…

The issue in *Oliva v Blatt, Hasenmiller, Leibsker & Moore*, No. 15-2516 (7th Cir. July 24, 2017) (en banc) was whether a debt collector who violated the venue provision of the FDCPA can avoid liability on the ground that it was relying on controlling circuit precedent interpreting the statute when…

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Supreme Court resolves conflict and holds that a purchaser of defaulted debt is not…

The Supreme Court in Henson v. Santander Consumer USA Inc., No. 16-349 (June 12, 2017) resolved a conflict among various circuits as to whether a person who buys debt is a “debt collector” under the FDCPA. The Court sided with the Fourth Circuit in holding that by buying debt that…

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U.S. Supreme Court holds that a debt collector who files a time-barred proof of…

A debt collector who files a time-barred proof of claim is not engaging in false or deceptive conduct as defined by the FDCPA, according to a recent decision by the US Supreme Court. In Midland Funding, LLC v. Johnson, 16-348, (May 15, 2017) the debtor filed a Chapter 13 Bankruptcy…

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Eleventh Circuit gives its “stamp of approval” to a bankruptcy disclaimer contained in a…

The Eleventh Circuit in Helman v. Bank of America, 15-13672, – Fed. Appx.– (11th Cir. April 12, 2017) concluded that the least sophisticated consumer would not be misled that it was personally liable for a discharged debt where the monthly statements sent by the debtor’s bank contained a statement that…

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