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A Swing and a Miss: Court Finds Plaintiff Lacks Standing to Assert FDCPA Claim After Prevailing in State Court

Troutman Sanders

district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). 330 (2015) and TransUnion v. Adams , a U.S. Cheatham was also awarded attorney’s fees. The court, relying on Spokeo v.

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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. A collection firm obtained a default judgment over a debtor named “William J.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On December 15, the Office of the Comptroller of the Currency, along with the Federal Financial Institutions Examination Council, released revised procedures for how its examiners will investigate financial institutions for Fair Debt Collection Practices Act compliance, incorporating Regulation F changes into their review.

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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. Ocwen Loan Servicing, LLC , 2015 WL 11256663, *6 (D.