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2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

In Milburn v. SN Servicing, LLC, a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act...more

FDCPA Standing: Seventh Circuit District Court Affirms That “Annoyance and Confusion” Without Detrimental Action is Insufficient...

In O’Toole v. Bob Roache Law, a Seventh Circuit District Court in Indiana granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act (FDCPA) case for lack of standing. In its holding, the court emphasized...more

Debt Collector’s Validation of Debt Did Not Violate the FDCPA as a Matter of Law

On February 2, Judge Robert T. Dawson, in the Western District of Arkansas, granted a defendant debt collector’s motion for summary judgment. The court determined Monterey Financial Service LLC’s responses to plaintiff Kyle...more

District Court Dismisses FDCPA Case Because Plaintiff Could Not Prove Sufficient Actual Injury

In Giannini v. Fin. Recovery Servs., Judge Ellis of the District Court for the Northern District of Illinois dismissed a case alleging the defendant violated the Fair Debt Collection Practices Act by “fail[ing] to include...more

Seventh Circuit Finds Plaintiff Lacks Standing to Bring FDCPA Based on Collection Letter

In Smith v. GC Servs. Ltd. P’ship, No. 19-3494 (7th Cir. Jan. 21, 2021), the Seventh Circuit affirmed a decision by the Southern District of Indiana finding that the plaintiff had not suffered any concrete injury and...more

Debt Collection and Estates: District of New Jersey Court Grants in Part and Denies in Part Defendant’s Motion to Dismiss FDCPA...

In Rock v. Greenspoon Marder LLP, Judge Vazquez of the District Court for the District of New Jersey granted the defendant’s motion to dismiss the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim in part and...more

Reasonable Procedures and The Bona Fide Error Defense: District Court for the Southern District of Indiana Grants Summary Judgment...

In Ewing v. Med-1 Solutions, Judge Sweeney II of the District Court for the Southern District of Indiana granted summary judgment for the defendant, regarding the plaintiff’s allegation that the defendant violated the Fair...more

Service Fee Language in Debt Collection Letters: District Court for the Eastern District of California Grants Defendants’ Motion...

In Martinez v. Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants’ motion to dismiss two Fair Debt Collection Protection Act (“FDCPA”) claims...more

Ambiguity in Debt Collection Letters: The United States District Court for the Middle District of North Carolina Denies Motion to...

In Golden v. Benjamin, Judge Schroeder, of the United States District Court for the Middle District of North Carolina, denied Higgins Benjamin, PLCC’s (“Higgins”) motion to dismiss a class action claim brought by Mark and...more

Relying on Commonly Used Name, Without More, Does Not Violate the FDCPA

On December 4, Judge William M. Conley, in the Western District of Wisconsin, granted a defendant debt collector’s motion to dismiss without prejudice. The Court determined that while the plaintiff Mikayla Fellenz has...more

District Court Reduces Request for Attorneys’ Fees in FDCPA Suit by More than Half in Response to Litigated Offer of Judgment

In Gould v. Monarch Recovery Mgmt., No. 18-C-1282 (E.D. Wis. Nov. 10, 2020), the Plaintiff’s counsel sought $57,073.37 in attorneys’ fees after accepting an offer of judgment as to claims under the Fair Debt Collections...more

District Court Finds Plaintiff Lacks Standing to Bring FDCPA Suit After He Testified That He had Not Read the Collection Letter at...

In Truckenbrodt v. CBE Grp., Inc., No. 2:19-cv-2870 (ERK) (SMG), (E.D.N.Y. Oct. 21, 2020) the court dismissed a suit brought under the Fair Debt Collections Practices Act (“FDCPA”) after the plaintiff conceded that he had not...more

Failure to Itemize Debt Is Not A Violation of the FDCPA

In Vogel v. McCarthy, Burgess & Wolff, the United States District Court for the Northern District of Illinois (the “Court”) granted summary judgment to a debt collector on a debtor’s claim that failure to itemize debt in a...more

10/28/2020  /  Debt , Debt Collection , Debt Collectors , FDCPA

New Mexico Joins Operation Labeled “Corrupt Collector” and Sues Three Collection Agencies

New Mexico’s Attorney General Hector Balderas announced on September 29 that his office has filed three lawsuits against debt collection companies. In his statement, Balderas explained that these lawsuits are part of a larger...more

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