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Fair Debt Collection Practices Act doesn’t dictate venue (access required)

Published: April 29, 2013

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The Fair Debt Collection Practices Act’s venue provision does not control in a post-judgment enforcement action brought under state law, the 1st U.S. Circuit Court of Appeals has ruled in affirming judgment.

Benchmarks: Calling debtor a ‘liar’ may violate FDCPA (access required)

By: Pat Murphy
Published: April 18, 2013

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A Michigan debt collection agency faces potential liability after one of its employees allegedly accused a woman of being a liar in a phone call to collect a $1,600 medical bill.

Student loan law: a niche for a few good lawyers? (access required)

By: Sylvia Hsieh
Published: March 7, 2013

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With huge numbers of students facing crushing debt and national student loans surpassing credit card debt, some lawyers have found a new niche: representing clients hounded by student loan creditors, debt collectors and loan servicers.

Mortgage foreclosure is ‘debt collection’ under FDCPA (access required)

Published: January 17, 2013

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A law firm that filed an action to foreclose on a mortgage engaged in “debt collection” subject to the requirements of the Fair Debt Collection Practices Act, the 6th Circuit has ruled in reversing a dismissal.

Rented condominium fees qualify as ‘debt’ under FDCPA (access required)

Published: October 25, 2012

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An assessment owed to a condominium association qualifies as a “debt” under the Fair Debt Collection Practices Act where the owner bought the property for his personal use and now leases it, the 6th Circuit has ruled.

Attorney’s pleading didn’t violate Fair Debt Act (access required)

Published: August 16, 2012

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A creditor’s attorney did not violate federal debt collection law by allegedly including minor inaccuracies in a responsive pleading to a debtor’s counterclaim, a U.S. District Court in Virginia has ruled in granting a dismissal.

Collection letter didn’t violate Fair Debt Act (access required)

Published: July 19, 2012

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A debt collection letter did not violate federal law by including language that purportedly contradicted and overshadowed statutorily required notices, the 5th Circuit has ruled in affirming judgment.

Firm faces liability for inaccurate foreclosure complaint (access required)

Published: June 28, 2012

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A law firm may be liable under federal debt collection law for filing a foreclosure complaint that failed to correctly identify the actual current holder of the mortgage, the 6th Circuit has ruled in reversing a dismissal.

Offer of settlement didn’t moot Fair Debt Act suit (access required)

Published: January 13, 2012

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A law firm’s offer of settlement was insufficient to moot a lawsuit over its allegedly unfair debt collection practices, the 4th Circuit has ruled in reversing a dismissal.

Law firm not liable for collecting municipal fines (access required)

Published: December 29, 2011

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A law firm wasn’t liable under federal debt collection law for actions taken to collect unpaid fines assessed by a municipality, the 7th Circuit has ruled in affirming a dismissal.

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