For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCPA) is essential. The unwary attorney serving as a “debt collector” may expose him/herself to liability for failing to strictly comply with ...

Tagged with: Civil Litigation Debt collection Fair Debt Collection Practices Act Jillian Farrar

U.S. Court of Appeals for the Second Circuit – Fair Debt Collection Practices Act Adequate Pleading – Notification Duties Hart v. FCI Lender Services, Inc. 14-191-cv Judges Walker, Raggi and Carney Background: The plaintiff commenced an action against his mortgage ...

Tagged with: Fair Debt Collection Practices Act u.s. court of appeals for the second circuit

A California-based mortgage serving company is claiming the letter it sent to a Wayne County man was simply notifying him it had taken over mortgage servicing responsibilities, but the U.S. Court of Appeals for the Second Circuit found it triggered ...

Tagged with: Fair Debt Collection Practices Act u.s. court of appeals for the second circuit

In a case involving prevailing party costs and an apparent conflict between a federal statute and a rule of civil procedure, the justices of the U.S. Supreme Court considered whether debt collection defendants can recover costs in non-frivolous cases. The ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S.Supreme Court

The U.S. Supreme Court’s decision in a Fair Debt Collection Practices Act case last week may create ethical dilemmas for attorneys forced to interpret the statute on behalf of their clients.

Tagged with: Fair Debt Collection Practices Act SCOTUS

A law firm is liable under the Fair Debt Collection Practices Act for sending a letter to a debtor on behalf of a mortgage company that misrepresented the debtor’s legal obligations — that the firm made a bona fide error is no defense, the U.S Supreme Court ruled last week.

Tagged with: debtor Fair Debt Collection Practices Act law firm mortgage SCOTUS

The U.S. Supreme Court handed down three decisions this week — two of which directly affect attorneys. In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, the Court held that a law firm cannot avoid liability ...

Tagged with: Fair Debt Collection Practices Act liability SCOTUS

U.S. District Court, Western District of New York Debt Collection Failure to Answer Collection Calls Atchoo v. Redline Recovery Services LLC 10-CV-21 Judge Skretny Background: The plaintiff alleges the defendant violated the Fair Debt Collection Practices Act when it attempted ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S. District Court Western District of New York

U.S. District Court, Western District of New York Debt Collection Annis v. Eastern Asset Management LLC 08-CV-458 Judge Skretny Background: The plaintiffs filed a complaint alleging various violations of the Fair Debt Collection Practices Act. The defendant failed to appear ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S. District Court Western District of New York

U.S. District Court, Western District of New York Debt Collection Pearce v. Ethical Asset Management Inc. 07-CV-718 Judge Skretny Background: On Oct. 26, 2007, the plaintiffs filed a complaint alleging various violations of the Fair Debt Collection Practices Act. The ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S. District Court Western District of New York