Remove 2016 11
article thumbnail

Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing

Burr Forman

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. 1547 (2016). Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir. See Spokeo, Inc. Robins , 136 S.Ct.

article thumbnail

Third Circuit Affirms Dismissal of FDCPA Claim Arising from State Court Clerical Error

Troutman Sanders

May a debt collector incur liability under the Fair Debt Collection Practices Act (FDCPA) by seeking to collect a debt under a state court judgment later determined to be void? Not according to the Third Circuit Court of Appeals in a nine-page opinion issued on January 11, 2023 in the case of Barbara Lowe v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Troutman Sanders

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices.

article thumbnail

Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir.

article thumbnail

Pennsylvania District Court Applies Benign Language Exception to Barcode

Consumer Financial Services Law

15-4968 , 2016 U.S. 1692f(8), that an account number capable of revealing that a recipient was a debtor was a violation within the scope of the plain language of the Fair Debt Collection Practices Act. In Anenkova , the debt collector used a letter vendor to send a debt collection letter. Anenkova v.

article thumbnail

Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. 2016-CFPB-0009; In the Matter of: Works & Lentz, Inc., How did everything go wrong for creditors’ rights attorneys? 1692, et seq. the “FDCPA”). Hanna & Assocs, et al., Administrative Proceeding File No.

Lawyers 40
article thumbnail

Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. 2016) and Carlin v. 2016), amended (May 22.