FDCPA Law
 
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)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

Leroy Fonteno v. Wells Fargo Bank, N.A.

In June 2011, defendant Wells Fargo, N.A. (Wells Fargo) foreclosed on the residential mortgage loan of plaintiffs Leroy Fonteno and Jeanette Childs and purchased their home at a trustee sale conducted by defendant First American Trustee Servicing Solutions LLC (First American). Plaintiffs sued, alleging, among other things, that defendants violated both their deed of trust’s incorporation of a p... More...   $0 (08-18-2014 - CA)

Camille Haddad v. Alexander, Zelmanski, Danner & Floritto, P.L.L.C.

Plaintiff Camille Haddad (“Haddad”) appeals the order of the district
court granting summary judgment to Defendant law firm Alexander, Zelmanski, Danner &
Fioretti, PLLC, (“Firm”) in this action brought under the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692, et seq., and the Michigan Collection Practices Act (“MCPA”),
Mich. Comp. Laws § 445.251, ... More...
   $0 (07-16-2014 - MI)

Phyllis Clark v. Main street Acquisitions Corp.

This case involves a debt-collection action under the Fair Debt Collection Practices Act. Defendant-Appellee Main Street Acquisition Corporation provided an employee’s affidavit to the alleged debtor, Plaintiff-Appellant Clark, affirming based upon “personal knowledge” and “business records” that Clark owed $1,429.24 and costs.

Clark argues on appeal that (1) the demand for costs ... More...
   $0 (01-27-2014 - OH)

Dan Lopez v. RS Clark & Associates, Inc

Dan Lopez appeals the trial court’s judgment in favor of RS Clark & Associates. In
several issues, Lopez contends the trial court erred by denying his motion for summary judgment
and granting summary judgment in favor of Clark. We affirm.

Lopez leased an apartment at Hunter’s Ridge Apartments in Fort Worth in April 2006.
When he moved out of the apartmentin October 2006, H... More...
   $0 (01-18-2014 - )

David Tourgeman v. Nelson & Kennard

David Tourgeman brought a putative class and representative action against Dell Financial Services, L.P. (Dell Financial Services)1 and respondents Nelson & Kennard and Robert Kennard. In his complaint, Tourgeman contended that respondents violated the Fair Debt Collections Practices Act (FDCPA) (15 U.S.C. § 1692 et seq.) while attempting to collect a debt that Tourgeman incurred in connection wi... More...   $0 (01-16-2014 - CA)

Melvin Bradley v. Franklin Collection Service, Inc.

Appellants Melvin Bradley and Kevin Calma (collectively “Appellants”) incurred medical debts at North Alabama Urology, P.C. (Urology) and University of Alabama at Birmingham Health System West (UAB West), respectively. Because Appellants failed to pay their debts, Urology and UAB West referred the accounts to appellee Franklin Collection Service, Inc. (Franklin). As part of the referral, Urolo... More...   $0 (01-02-2014 - AL)

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)

Next Page

Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: