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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. 19-1400, 2021 WL 3877930 (7th Cir. See Wadsworth v.

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Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Troutman Sanders

The letters informed the plaintiff that, in exchange for payment of his discharged debt, the defendant would “update credit data it may have previously submitted regarding this debt.”. District Court for the Southern District of Indiana, asserting two claims under the Fair Debt Collection Practices Act, 15 U.S.C.

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Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

Burr Forman

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for lack of Article III standing in Ward v. 20-5902, 2021 WL 3616067, — F.4th

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. The OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5 The amendment, led by U.S. For more information, click here.

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FDCPA Claims: Confusion Alone is not an Injury for Article III Standing Purposes

ABI

The Fair Debt Collection Practices Act (FDCPA) generally prohibits debt collectors from misrepresenting their identity or using unfair practices to collect debts. [1] NPAS), a debt collector, was hired by Stonecrest to collect the outstanding balance from Ward. [5] 1692 (2021); Ward v.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On April 28, the CFPB issued an interim final rule, amending the agency’s 2021 LIBOR transition rule. On April 26, the CFPB issued an advisory opinion, reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act.