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Home Daily Digest

Daily Digest – January 25. Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting

mikegibb by mikegibb
January 25, 2022
in Daily Digest
0
Daily Digest – January 25. Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting

APPEALS COURT PARTIALLY OVERTURNS RULING FOR DEFENDANT IN FDCPA CASE

  • The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that any dispute must be filed in writing.

REG F LAWSUIT FILED AGAINST COLLECTOR OVER CREDIT REPORTING

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Daily Digest – May 20. Collector Sued for Withdrawing Funds Without Consent; Michigan Appeals Court Affirms Ruling for Debt Buyer

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  • A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full.

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  • There have been a number of rulings in Hunstein cases and a number of rulings in post-Facebook Telephone Consumer Protection Act cases, but rarely, if ever, has there been a ruling that addresses both of these landmark cases. A District Court judge in Tennessee has partially granted a defendant’s motion for summary judgment in a case alleging that the defendant violated the Fair Debt Collection Practices Act by using a letter vendor to send collection notices to the plaintiff and the TCPA by contacting the plaintiff on her cell phone without her consent.

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