FDCPA Defense
SEPTEMBER 22, 2018
These seemingly simple questions have divided the circuit courts, and they may soon be resolved by the United States Supreme Court when it decides a case that arose out of a nonjudicial foreclosure proceeding in Colorado. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. 2710 (2018).
FDCPA Defense
FEBRUARY 3, 2019
The Ninth and Tenth Circuits have held said “yes” a collector is not engaged in “debt collection” under the FDCPA unless the challenged communication makes a demand for payment of money. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. Are You A “Debt Collector” Under The FDCPA?
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FDCPA Defense
FEBRUARY 1, 2018
Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. California law does not allow for a deficiency judgment following non-judicial foreclosure.
FDCPA Defense
JANUARY 22, 2017
July 11, 2014) (denying motion to dismiss FDCPA class action complaint; defendant sent letters to class seeking to collect late fees and threatening foreclosure allegedly in violation of California law); McCarter v. JQD, LLC , 2014 WL 3404945 (N.D. Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D.
FDCPA Defense
NOVEMBER 11, 2014
at 511; see also Lansing v. Wilford, Geske & Cook, P.A. 2013 WL 5587956, at *4 (D.
FDCPA Defense
AUGUST 19, 2013
2012), the Court held that a law firm that allegedly sent 500 letters in connection with foreclosure proceedings could be a "debt collector" under the FDCPA: "The complaint contains enough factual content to allow a reasonable inference that the Ellis law firm is a ‘debt collector’ because it regularly attempts to collect debts.
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