Troutman Sanders

AUGUST 30, 2021

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. In Lupia v. Medicredit, Inc. , 20-1294 (10th Cir.

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Collection Industry News

SEPTEMBER 23, 2020

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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FDCPA Defense

JANUARY 28, 2012

2000) (FDCPA claim filed against shareholder of agency was frivolous: “The Fair Debt Collection Practices Act is not aimed at the shareholders of debt collectors operating in the corporate form unless some basis is shown for piercing the corporate veil, which was not attempted here.”) (citation omitted); Pettit v.

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