article thumbnail

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Troutman Sanders

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

article thumbnail

The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

Troutman Sanders

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

article thumbnail

No More Confusion: New York Federal Court Finds Communications Between Attorneys Are Not Actionable Under the FDCPA

Troutman Sanders

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S. In dicta in Kropelnicki v. Siegel , 290 F.3d 3d 118 (2d Cir.

article thumbnail

11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA

Collection Industry News

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Debtors appealed.

Debtor 40
article thumbnail

Is It “Debt Collection” If You Never Asked For Money?

FDCPA Defense

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in the context of the FDCPA? See Obduskey v. Wells Fargo , 138 S. 2710 (2018). See, e.g., Ho v.

article thumbnail

What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). Fair Debt Collection Practices Act. This article discusses the similarities and differences between the FDCPA and the FCCPA.