Consumer Financial Services Law Blog
Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Services Law Blog

Consumer Financial Services Law Blog

News and analysis regarding Consumer Financial Services litigation and regulation, and activities of the Consumer Financial Protection Bureau


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Photo of Consumer Financial Services Law Blog Jeana R. Long
Senior Attorney
jlong@dykema.com
956-984-7407
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Showing 2 posts by Jeana R. Long.

Is the Filing of a "Stale" Proof of Claim a Violation of the FDCPA?

Last year, the Eleventh Circuit was the first to hold that a debt collector engages in deceptive, misleading, unfair, or unconscionable conduct in violation of the Fair Debt Collection Practices Act (the "FDCPA") by filing a bankruptcy proof of claim on a debt that is barred by the applicable statute of limitations. Crawford v. LVNC Funding, LLC, 758 F.3d 1254, 1261 (11th Cir. 2014). Read More ›

The Sixth Circuit Holds a Limited Liability Company is a "Person" Under the FDCPA

Recently, the Sixth Circuit held a limited liability company is a "person," with standing to sue under the Fair Debt Collection Practices Act ("FDCPA"). Anarion Investments, LLC v. Carrington Mortgage Services, LLC, 794 F.3d 568, 2015 U.S. App. LEXIS 12670 (6th Cir. Tenn. 2015). This decision could lead to suits brought by LLC's and other legal entities, seeking to expand the holding in AnarionRead More ›