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FDCPA Law
 
Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-13-2018 - ht)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Ryan Boucher v. Finance System of Green Bay, Inc. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Plaintiffs sued defendant, a debt col-lection agency, for violations of the Fair Debt Collection Prac-tices Act (“FDCPA”). Specifically, plaintiffs allege that de-fendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dis-missed plaintiffs’ claims because the challenged statement ... More...   $0 (01-17-2018 - WI)

Andrew Panico v. Portfolio Recovery Associates, LLC District of New Jersey Federal Courthouses

In this putative class action, Plaintiff-Appellant Andrew Panico, who resides outside of the state of Delaware but signed a contract with a choice-of-law provision specifying application of Delaware state law, asserts that Defendant-Appellee Portfolio Recovery Associates (“PRA”) violated the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“NJCFA”) by suing to co... More...   $0 (01-14-2018 - NJ)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

Alberto Reyes, Jr. v. Lincoln Automotive Financial Services

Plaintiff‐appellant Alberto Reyes, Jr., appeals a judgment of
11 the United States District Court for the Eastern District of New York
12 (Leonard D. Wexler, J.). Judgment was entered following the grant
13 of summary judgment to the defendant‐appellee, Lincoln
14 Automotive Financial Services (“Lincoln”), on Reyes’s claim for
15 damages stemming from Lincoln’s alle... More...
   $0 (06-22-2017 - NY)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

Karen Vanover v. NCO Financial Services, Inc.

Plaintiff-Appellant Karen Vanover (“Vanover”) sued Defendant-Appellee NCO Financial Systems, Inc. (“NCO”), on April 23, 2014, for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, after NCO attempted to collect medical debts from her. See Vanover v. NCO Fin. Sys., Inc., Case No. 8:14-cv-964-T-35EAJ (M.D. Fla. 2014) (hereinafter “Vanover I”). Nearly one year after Vanov... More...   $0 (05-18-2017 - )

Peggy O'Neil-Rosales v. Citibank (South Dakota) N.A.

Plaintiff and appellant Peggy O’Neil-Rosales appeals the judgment entered against her
and in favor of defendants and respondents Citibank (South Dakota) N.A. and Hunt &
Henriques. Plaintiff contends the trial court erroneously granted defendants’ special motions to
strike the complaint under Code of Civil Procedure section 425.16 (the “anti-SLAPP” statute).1

We affirm the judg... More...
   $0 (05-11-2017 - )

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on
its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had
failed to state a claim, regardless of the truth of its allegations. For the purposes of this
appeal, we therefore take the allegations of the government’s complaint (the Complaint)
as true, see Gee v. Pa... More...
   $0 (03-26-2016 - UT)

Christine E. Reule v. M & T Mortgage, M & T Bank Bayview Loan Servicing, LLC, Bayview Financial Trading Group, LP, Bayview Financial LP and Hughs, Watters, Askanase, LLP

Appellant Christine E. Reule appeals from a take nothing judgment in favor
of appellees M&T Mortgage, M&T Bank, Bayview Loan Servicing, LLC,
Bayview Financial Trading Group, LP, Bayview Financial, LP, and Hughes,
Watters & Askanase, LLP (collectively, Mortgagees/Representatives), as well as
2
appellees Carolyn Taylor, Audrey Lewis, Jeff Leva, Sandy Dasigenis (collectively,
... More...
   $0 (10-29-2015 - TX)

William Brown, III v. Van Ru Credit Corporation

Plaintiff Brown owed student loan debt, which he alleges Van Ru Credit Corporation was retained to collect. A Van Ru employee left a voicemail at Brown’s business that stated the caller’s and Van Ru’s names, a return number, and a reference number. The caller asked that someone from the business’s payroll department return her call. Brown sued Van Ru for violations of the Fair Debt Collection P... More...   $0 (10-29-2015 - MI)

United States of America v. Barry Cohan

On June 10, 2009, Cohan pleaded guilty to one count of healthcare fraud, 13
in violation of 18 U.S.C. § 1347, and one count of aggravated identity theft, in 14
violation of 18 U.S.C. § 1028A(a)(1). Briefly, the government alleged that Cohan, 15
a dentist, submitted false claims seeking reimbursement for dental treatments for 16
employees of the Port Authority of New York & New ... More...
   $0 (08-14-2015 - NY)

United States of America v. Barry Cohan

21 Appeal from two orders of the United States District Court for the Eastern
22 District of New York (Frederic Block, J.) entered December 23, 2013, granting the
3
government writs of garnishment 1 directing that certain monies owned by Cohan,
2 but in the control of third parties, be transferred to the United States to satisfy
3 Cohan’s restitution obligations. On appeal, Coh... More...
   $0 (08-14-2015 - NY)

Matthew J. Hart v. FCI Lender Services, Inc.

18 Matthew J. Hart sued FCI Lender Services, Inc. (“FCI”), his mortgage loan
19 servicer and a debt collector, seeking damages under the Fair Debt Collection
20 Practices Act (“FDCPA” or the “Act”), 15 U.S.C. § 1692 et seq., on behalf of
21 himself and others similarly situated. Hart asserts that FCI violated the Act by
22 sending him two written communications that failed to compl... More...
   $0 (08-12-2015 - NY)

Gary Beauvoir v. David M. Israel

The question presented is whether money owed as a result of
theft of unmetered natural gas qualifies as a “debt” for purposes of
the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p
(“FDCPA”).
3
We hold that money owed as a result of theft is not an
“obligation or alleged obligation of a consumer to pay money arising
out of a transaction” and, therefore, does... More...
   $0 (07-21-2015 - NY)

Johnny Jr. Gatewood v. CP Medical, LLC

Mr. and Mrs. Gatewood appeal from an order of the bankruptcy court1 granting
summary judgment to the defendant in an adversary proceeding concerning a proof
of claim filed by the defendant on a time-barred debt. We have jurisdiction over this
appeal from entry of the bankruptcy court’s final order pursuant to 28 U.S.C.
§ 158(b). For the reasons set forth below, we affirm.
FACTU... More...
   $0 (07-10-2015 - AR)

Paula Jensen v. Pressler & Pressler

We are asked to decide whether a false statement in a communication from a debt collector to a debtor must be material in order to be actionable under a provision of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e. We conclude that materiality is required, as it is subsumed within the “least sophisticated debtor” standard that has traditionally governed FDCPA claims. B... More...   $0 (07-02-2015 - NJ)

Tamara Diaz v. Kubler Corporation d/b/a Alternative Recovery Management

This appeal involves a suit by a debtor against a debt
collector, alleging that by sending a collection letter that
sought ten percent interest on the debt, the debt collector
violated the provision of the federal Fair Debt Collection
Practices Act (“FDCPA”) codified at 15 U.S.C. § 1692f(1)
and thereby also violated California’s Fair Debt Collection
Practices Act (th... More...
   $0 (05-12-2015 - CA)

Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac... More...
   $0 (05-08-2015 - OH)

Laura Zamora Jordan v. Nationstar Mortgage, LLC

Defendant-Appellant Nationstar Mortgage LLC
(Nationstar) appeals from the district court’s order granting
Plaintiff-Appellee Laura Zamora Jordan’s (Jordan) motion to
remand this class action proceeding to state court because its
removal was untimely under 28 U.S.C. § 1446(b). Section
1446(b)(1) permits defendants to remove state-court actions
to federal court within th... More...
   $0 (04-09-2015 - WA)

Aaron W. Zundel v. Schafer D. Magana, et al.

¶1 Plaintiffs Aaron W. Zundel, Zachary D. Taft, and Steven L.
Stookey appeal from the district court’s order granting summary
judgment to Defendants Schafer D. Magana; Legacy Towing, Inc.;
Legacy Towing Holdings, LLC; Dan Magana; ASAP Towing; and
ASAP Towing Recovery (collectively, Legacy) and denying
Plaintiffs’ motion for summary judgment. Legacy cross-appeals
from t... More...
   $0 (03-26-2015 - UT)

Afsheen Alborzian v. JPMorgan Chase Bank, N.A.

A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure sale to pay off the junior lienholder. (Former Code Civ. Proc., § 580b, enacted b... More...   $0 (03-12-2015 - CA)

William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f... More...
   $0 (12-29-2014 - MA)

Courtney Douglas v. Convergent Outsourcing f/k/a ER Solutions, Inc.

In this case we are asked to decide whether the disclosure of a consumer’s account number on the face of a debt collector’s envelope violates § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Section 1692f(8) limits the language and symbols that a debt collector may place on envelopes it sends to consumers. The District Court held the account number... More...   $0 (10-10-2014 - PA)

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