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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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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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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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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Seventh Circuit holds that debtor’s settlement with creditor moots FDCPA claim against creditor’s law…

In Portalatin v. Blatt, Hasenmiller, Leibsker & Moore, LLC, No. 16-1578 (7th Cir. Aug. 13, 2018), an FDCPA action, the Seventh Circuit vacated a judgment based on a jury verdict of $200 in statutory damages and over $70,000 in fees and costs against a law firm. The Court held that…

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Launch of Our New – Mortgage Compliance and Transaction Program

We are happy to announce the launch of our new Mortgage Compliance and Transaction Program. The Mortgage Compliance and Transaction Program is focused on providing high quality and cost efficient legal services for mortgage lenders, investors and servicers. The Program was particularly designed to meet the needs of small and…

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