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FDCPA Law
 
David Coyne v. Midland Funding, LLC District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In 2016, Minnesota resident David Coyne received three collection letters
about a credit-card debt in his name. The law firm of Messerli & Kramer P.A. sent
him the first letter, asserting he owed an "account balance of $17,230.29 consist[ing]
of the principal balance of $13,205.30 and interest of $3,871.39 at the rate of 6.00%
plus incurred costs of $153.60." Another debt collector... More...
   $0 (07-18-2018 - MN)

Martha A. McNair v. Maxwell & Morgan, P.C., et al. District of Arizona Federal Courthouse - Phoenix, Arizona

Plaintiff Martha McNair appeals the district court’s grant of Defendant’s summary judgment motion in her action under the Fair Debt Collection Practices Act (“FDCPA” or the “Act”) and its denial of McNair’s motion for partial summary judgment. McNair’s complaint alleged that Defendants, including the law firm Maxwell & Morgan P.C., violated the FDCPA in their efforts to collect unpaid homeowner as... More...   $0 (06-27-2018 - AZ)

D.C. Randall, Jr. v. Ditech Financial, LLC

D.C. Randall, Jr., appeals from a judgment dismissing his operative second
amended complaint (complaint) against Ditech Financial, LLC (Ditech) after the trial
court sustained Ditech's demurrer to the complaint without leave to amend. Randall
2
contends the court erred in its ruling as to his causes of action for violation of the federal
Fair Debt Collection Practices Act (FDC... More...
   $0 (05-28-2018 - CA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

Katherine Evans v. Portfolio Recovery Associates, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal concerns four consolidated
cases involving similar alleged violations of the Fair
Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692e(8). Plaintiffs defaulted on credit cards, and defendant
Portfolio Recovery Associates (“PRA”), an Illinois debt collection
agency, bought the accounts for collection. The Debtors
Legal Clinic (the “Clinic”) sent separate le... More...
   $0 (05-07-2018 - IL)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

Deborah Walton v. EOS, CCA Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

Deborah Walton sued EOS CCA, a
debt collector, under the Fair Debt Collection Practices Act
and the Fair Credit Reporting Act. Walton argues that EOS
violated the former by failing to contact the creditor directly
to “obtain[] verification” of her debt and the latter by failing
to investigate disputed information. The district court concluded
that EOS had discharged its obl... More...
   $0 (03-27-2018 - IN)

Edward Davidson v. Seterus, Inc.

At issue in this appeal is whether mortgage servicers can be "debt collectors"
under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ.
Code,1 § 1788 et seq.). There is a split of authority among the many federal district
courts that have considered the issue, and there is a paucity of California authority
addressing the question.
In this case, t... More...
   $0 (03-14-2018 - CA)

James R. Hagy, III v. Demers & Adams; David J. Demers Southern District of Ohio Courthouse - Cincinnati, Ohio

David Demers, an attorney, sent a letter on behalf of his client to the attorney for James and Patricia Hagy. The letter indicated that the Hagys would not have to pay the balance on their loan and that the lender would not pursue any other remedies against the Hagys. That seemed like good news for the Hagys. Little did Demers know that this epistle would lead to six years (and counting) of litiga... More...   $0 (02-26-2018 - OH)

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 (02-23-2018 - NJ)

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)

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