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

Burr Forman

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. Both of the parties moved for summary judgment. 1547 (2016).

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Court Holds That Consumers Cannot Engineer FDCPA Violations

Consumer Financial Services Law

A Missouri district court has refused to grant partial summary judgment in favor of a consumer who asserted violations of 15 U.S.C. Delta Outsource Group, the consumer, who was employed as a collector by another debt collector, received two calls from the collection agency while at work. 4:15-cv-1744 (E.D.

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Will Hunstein Require a Reset?

Consumer Financial Services Law

Enloe Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA. Preferred Collection and Management Services, Inc., 3d 1341 (11 th Cir. Hunstein v. LEXIS 11648, 994 F.3d

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

FDCPA Defense

The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. Instead, the letters had been mailed by collection agencies that had used an attorney’s letterhead in a misleading fashion. In Clomon v.

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