The United States Court of Appeals for the Seventh Circuit (Wisconsin, Illinois, Indiana) has recently ruled that collection or “dunning” letters sent after the expiration of the applicable statute of limitations violate the Fair Debt Collection Practices Act (“FDCPA”) unless they also disclose that the debt may be time-barred. 15 U.S.C. § 1692e and § 1692f of the […]
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There is a split of authority among the circuits as to whether or not a debtor must articulate a dispute in writing under the validation of debts section of the Fair Debt Collection Practices Act (FDCPA), specifically 15 USC 1692g(a)(3). This is certainly a topic for servicers to monitor because of the strict liability penalties […]
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A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because it stated that the debtor could only dispute the debt in writing, the U.S. Court of Appeals for the Second Circuit has ruled. In Hooks v. Forman, Holt, Eliades & Ravin, LLC, the Second Circuit vacated the district court’s dismissal of the complaint for […]
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TITLE VIII – DEBT COLLECTION PRACTICES Sec. Short Title Congressional findings and declaration of purpose Definitions Acquisition of location information Communication in connection with debt collection Harassment or abuse False or misleading representations Unfair practice Validation of debts Multiple debts Legal actions by debt collectors Furnishing certain deceptive forms Civil liability Administrative enforcement Reports to […]
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This case determined that a debt collector’s inaccurate representation to a debtor that her student loans were “ineligible” for bankruptcy discharge was a false, misleading, or deceptive debt collection practice, in violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. BACKGROUND In 1987, Plaintiff Berlincia Easterling obtained a student […]
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