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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Showing 28 posts in Fair Debt Collection Practices Act.

Spokeo’s Impact (So Far) on FDCPA Claims

Last week, Dykema’s Consumer Financial Services Law Blog discussed in detail the Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016). In anticipation of that decision, district courts across the country issued stays pending guidance from the Supreme Court on one key issue: “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute.” Read More ›

Seventh Circuit Holds That Filings in Court Can Fall Within the FDCPA

Last month, the Seventh Circuit reversed the dismissal of a putative class action alleging that debt collector defendants used misleading language in their state court collection complaints in violation of the federal Fair Debt Collection Practices Act (FDCPA). In so ruling, the Seventh Circuit joined the numerous other circuits that have already addressed the issue in concluding that “pleadings or filings in court can fall within the FDCPA.” Read More ›

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 ›

Sixth Circuit Holds Voicemail From Debt Collector Does Not Violate FDCPA

On October 22, 2015, the Sixth Circuit Court of Appeals, in a 2-1 decision, clarified the types of “communication” that can violate the Fair Debt Collection Practices Act FDCPA). In Brown v. Van Ru Credit Corp., No. 15-1323 (recommended for publication), the Sixth Circuit affirmed the trial court’s order granting judgment on the pleadings, holding that debtor failed to allege a “communication” to a third party as defined by the statute. Read More ›

Seventh Circuit Resurrects Beler to Avert FDCPA Claims on State Court Collection Lawsuits

In a win for the collection industry, in Bentrud v. Bowman, Heintz, Boscia & Vician, P.C., 794 F. 3d 871 (7th Cir. 2015), the Seventh Circuit again declined to apply the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), to collection-related court proceedings. This offers debt collectors some relief from the onslaught of alleged FDCPA violations based on state court collection lawsuits.   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 ›

Eleventh Circuit Narrows Definition of Debt Collector Under FDCPA

When is a bank collecting a debt not a debt collector? According to a newly issued opinion from the Eleventh Circuit, when that bank is collecting its own debt—even if the account was in default at the time it was acquired. Read More ›

Sixth Circuit Condemns Use of Ohio Attorney General Letterhead by Special Counsel Seeking to Collect State Debts: Case Note

Gillie v. Law Office of Eric A. Jones, LLC, No. 14-3836 (6th Cir. May 8, 2015), presented the Sixth Circuit with the question of whether “special counsel” “appointed” by the Ohio Attorney General’s office to collect the State’s debts had violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692e(9) and 1692e(14), by attempting to collect debts on the Ohio Attorney General’s letterhead. The Sixth Circuit ultimately concluded that the case presented a question of fact better left to a jury. On the path to reaching that conclusion, the Sixth Circuit reached a number of interesting and potentially far-reaching conclusions.  Read More ›

Eighth Circuit: Verifying Disputed Debt to CRA Is Not a Misrepresentation Under the FDCPA

Late last year, the Eighth Circuit held that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it responded to an inquiry from a consumer reporting agency (CRA), confirming that a consumer owed a debt but without also advising that the consumer had disputed the debt. Read More ›

The Sixth Circuit Rules That Statute-of-Limitations Disclosures Could Help Consumers and Limits The Ability to Defeat FDCPA Letter Claims With Early Motions

On January 13, 2015, the Sixth Circuit Court of Appeals rendered its decision in Buchanan v. Northland Group, Inc., No. 13-2523. Judge Sutton, writing for the 2-1 majority, reversed the trial court’s dismissal of a Fair Debt Collection Practices Act (FDCPA) action that challenged a dunning (collection) letter that offered a “settlement” on a debt without disclosing that the statute of limitations had expired on claims related to the debt or that a partial payment could restart the statute of limitations. The district court had granted Northland’s motion to dismiss, holding that a debt collector does not mislead a consumer (and, therefore, does not violate the FDCPA) when it sends the consumer a discounted settlement offer without disclosing that the statute of limitations has already expired. Read More ›