Remove tag fdcpa
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Judge Grants MTD in FDCPA Class Action Over Settlement Offer in Letter

Account Recovery

I think I’m probably not the only person in the world, who, when wandering around a store and coming across an item without a price tag, makes a comment about how said item must be free.

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U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

Foster Swift

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. Read More › Tags: 6th Circuit Court of Appeals , Billing/Payment The decision, in Bouye v.

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Supreme Court Decides that Law Firms Engaged in Non-Judicial Foreclosure Proceedings are Not Debt Collectors Under the FDCPA

Foster Swift

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Read More › Tags: Collections , Financing , U.S.

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Bankruptcy Court Must Defer to Arbitration for Noncore Claims

ABI

17] In the third step, the court split the parties’ claims into three categories (Bankruptcy Claims, FDCPA Claim, and Contract Claims) to consider whether Congress intended those claims to be non-arbitrable. [18] at 175–76 (noting that the FDCPA Claim was unlike the Bankruptcy Claims because of its non-defensive purpose). [21]

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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] 1] Under the FDCPA, a debtor may be entitled to certain remedies, including monetary damages and attorney’s fees, when a debt collector violates the FDCPA. [2]