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Avila Safe Harbor Language: New York District Court Grants Motion for Judgment on the Pleadings for Defendant in FDCPA Case

Troutman Sanders

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In Klein v. 1692e for two reasons.

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Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense

Troutman Sanders

In a subsequent letter, the agency stated that the principal was accruing interest at the rate of 12%, which was followed by an email stating that the rate was 8%, which was followed by another letter stating that the rate was again 12%. A number of communications also included conflicting interest calculations.

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7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

Troutman Sanders

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”). Convergent”) demanding repayment of a debt slightly more than $1,000.00. In Brunett v. Convergent Outsourcing, Inc.

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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. And this it did not do, directly or otherwise.