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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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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? Though the judgment was “effective” October 14, 2016, it was not mailed to the parties until November 7.

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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.

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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.

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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. The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq.

Lawyers 40
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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. 2016) and Carlin v. 2016), amended (May 22.