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FDCPA Law
 
Gwendolyn Phillips v. Asset Acceptance, LLC

We have granted the plaintiff’s petition for leave to appeal the district court’s denial of her motion to certify a class.

The plaintiff, a consumer, was sued by Asset Acceptance, a debt collector that is the defendant in this case, for a debt arising from her purchase of natural gas for household use. She riposted with the present suit, which charges that Asset

2 No. 13‐22... More...
   $0 (12-02-2013 - IL)

Joel L. cabala v. Timothy W. Crowley

Defendants‐appellants appeal from a judgment of the United States District Court of the District of Connecticut (Vanessa L. Bryant, Judge) awarding $32,489.29 in attorney’s fees and costs to plaintiff‐appellee. The issue presented by this case is whether a defendant remains liable for plaintiff’s attorney’s fees accrued after defendant offered a settlement that included the maximum avail... More...   $0 (11-20-2013 - cT)

Lori Jo Vincent v. The Money Store

This case requires us to determine if the consumer protections of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., apply to a mortgage lender that has purchased mortgages initially payable to other lenders and, after the homeowners defaulted on their mortgages, hired a law firm to send allegedly d... More...   $0 (11-13-2013 - NY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit, because it was pro... More...
   $0 (11-08-2013 - KY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc.

Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit, be... More...
   $0 (10-22-2013 - KY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt
Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection
action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit,
... More...
   $0 (10-22-2013 - KY)

Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for ... More...   $0 (10-07-2013 - NJ)

Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

2

counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r... More...
   $0 (08-29-2013 - TX)

Doug Walker V. Quality Loan Service Corporation of Washington

In this case we consider whether a property owner's preforeclosure sale remedies for alleged violations of the deeds of trust act, chapter 61.24 RCW (DTA), the Consumer Protection Act, chapter 19.86 RCW (CPA), and the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692

NO. 65975-8-1 / 2

(FDCPA), include recovery of monetary damages. We hold that a property owner may rec... More...
   $0 (08-05-2013 - WA)

Karen Hooks v. Forman, Holt, Eliades & Ravin, L.L.C.

Karen Hooks and Geraldine Moore (“Plaintiffs”), brought suit against Forman, Holt, Eliades & Ravin, LLC (“Forman Holt”), a debt collector within the meaning of 15 U.S.C. § 9 1692a(6),1 alleging a violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 10 1692g.2 Plaintiffs allege that Forman Holt’s collection notice violated the FDCPA by stating that the Plaintif... More...   $0 (05-29-2013 - NY)

Michael Francis Palma v. Houston Independent School District

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

2

District1 (“HISD”), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebarger”).3 The o... More...
   $0 (05-18-2013 - TX)

Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

Jennifer Smith v. Solomon & Solomon, P.C.

This case requires us to decide whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., controls the choice of venue in a post-judgment enforcement action to recover a debt under Massachusetts trustee process law. We conclude that it does not.

The facts of this case are neither complex nor contested. The plaintiff-appellant is Jennifer Smith, formerly kn... More...
   $0 (04-24-2013 - MA)

Glen Llewellyn v. Allstate Home Loans, Inc. d/b/a Allstate Funding

Plaintiff Glen Llewellyn filed this action asserting a Fair Debt Collection Practices Act claim, a Fair Credit Reporting Act claim, and a state law outrageous conduct claim against Ocwen Loan Servicing LLC and Nomura Credit and Capital, Inc. (together, the “Ocwen Defendants”) based on their alleged credit reporting inaccuracies, and asserting an FDCPA and an outrageous conduct claim against Ca... More...   $0 (03-28-2013 - CO)

Ray V. Caprio v. Healthcare Revenue Recovery Group, LLC

Plaintiff Ray V. Caprio filed a complaint against Defendant Healthcare Revenue Recovery Group, LLC (“HRRG”), alleging two claims under the Fair Debt Collection Practices Act (“FDCPA”). Caprio appeals from the order of the United States District Court for the District of New Jersey granting HRRG‟s motion for judgment on the pleadings. We will vacate the District Court‟s order and will r... More...   $0 (03-01-2013 - NJ)

Elsa Anchondo v. Steve Richard Dunn

Steven Dunn is a lawyer who defended Anderson, Crenshaw and Associates,
L.L.C. (ACA) in a class action under the Fair Debt Collection Practices Act
(FDCPA). When the litigation finally settled, the court awarded the plaintiff, Elsa
Anchondo, her fees and costs. But ACA was unable to pay those fees and costs —
indeed, it is now bankrupt — and ACA’s insurer refused to cover the... More...
   $0 (02-19-2013 - NM)

Garry L. Solomon v. Baer & Timberlake, P.C.

Garry L. Solomon appeals from the district court’s decision granting summary judgment in favor of Baer & Timberlake, P.C. (“B&T”) on his claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p. Exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I. Factual and Procedural Background

B&T was hired by HSBC Mortgage Corporation... More...
   $0 (12-04-2012 - OK)

Candy Guajardo v. GC Services, L.P.

Candy Guajardo owed GC Services, LP’s (“GC”) $400.45 for an unpaid Sprint telephone bill. Guajardo alleged that when GC attempted to collect payment, GC mailed letters to her home address and made threatening and harassing telephone calls to her at work in an effort to collect the debt. Id. Guajardo filed suit against GC, alleging violations of the Fair Debt Collection Practices Act (the “... More...   $0 (11-08-2012 - TX)

Leanna J. Webb v. Asset Acceptance, LLC

Leanna J. Webb appeals the district court’s order and opinion granting summary judgment to Asset Acceptance, LLC.

In 2005, Webb opened a credit card account with National City Bank. She closed the account in 2006. In 2009, Asset Acceptance filed a complaint against Webb in a Kentucky state court, alleging that it had purchased Webb’s credit card account from National City Bank and that ... More...
   $0 (10-10-2012 - OH)

Tracy Lind v. Midland Funding, L.L.C.

Tracy and Steve Lind filed this suit after defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds allege that defendants deprived Tracy of her due process rights in violation of 42 U.S.C. § 1983 and that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (FDCPA). The district court1 dismissed both claims. We affirm... More...   $0 (08-09-2012 - MN)

Janet McMurray v. Procollect, Inc.

An individual owing a debt sued a debt collection agency. The suit alleged the agency’s debt-collection letter violated the Fair Debt Collection Practices Act by contradicting and overshadowing the statutory notices in the letter. The district court concluded that the letter did not violate the statute. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2009, ProCollect, a d... More...
   $0 (07-18-2012 - TX)

Izell Reese v. Ellis, Painter, Ratterree & Adams, L.L.P.

Izell and Raven Reese defaulted on a loan that they had secured by giving the lender a mortgage on their property. A law firm representing the lender sent the Reeses a letter and documents demanding payment of the debt and threatening to foreclose on the property if they did not pay it. The Reeses then filed a putative class action lawsuit against the law firm alleging that the communication viola... More...   $0 (05-01-2012 - GA)

Lisa Bridge v. Ocwen Federal Bank, FSB

The Fair Debt Collection Practices Act was passed to protect consumers against both abusive and mistaken collection activity. This case reveals why. It began with seemingly innocuous accounting errors on the part of a bank that were corrected. Despite repeated proof of that correction, unremitting collection activity was undertaken, foreclosure proceedings were instituted, and the credit of two co... More...   $0 (04-30-2012 - OH)

Discovery Bank v. Joy A. Morgan

This case began when Discover Bank (“Discover”) filed an action against Joy A. Morgan (“Morgan”) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More...   $0 (03-27-2012 - TN)

Leonides Lorenzo Cruz v. International Collection Corporation

Defendants-Appellants International Collection Corporation and Charles D. Hendrickson appeal the district court’s grant of summary judgment in favor of plaintiff-appellee Her- minia Lorenzo Cruz on her claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 and the district court’s orders granting three of plaintiff ’s post-summary judgment motions. The notice of appeal... More...   $0 (03-08-2012 - CA)

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