Tag Archives: Fair Debt Collection Practices Act

Chicago Joins CFPB in Information-Sharing Partnership; City Takes Additional Measures

In a first-of-its-kind partnership with a municipality, CFPB Director Richard Cordray and Chicago Mayor Rahm Emanuel jointly announced a framework for sharing of information between the City and the CFPB. Under the agreement, Chicago becomes the first city in the nation to agree to directly report alleged violations of federal consumer financial protection laws and regulations to … Continue reading this entry

Exercise Care When Suing Debtors During the FDCPA Validation Period

Filing a collection lawsuit during the 30-day debt validation period can get a collector in hot water unless he is really careful. The United States Court of Appeals for the Second Circuit recently decided a case where Citibank hired a law firm to collect Janet Ellis’s alleged credit card debt. The law firm, Solomon & … Continue reading this entry

Seventh Circuit Affirms District Court's Reduced Fee Award in FDCPA Case

Robert Duff began representing James and Christy Gastineau approximately three years after they filed suit in the Southern District of Indiana raising Fair Debt Collection Practices Act (“FDCPA”) claims. Duff was the third attorney to represent the Gastineaus in the case. Although Duff claimed that he had thirteen years of litigation and consumer law experience, … Continue reading this entry

Ninth Circuit Interprets the FDCPA

In Donohue v. Quick Collect, Inc., Case No. 09-35183 (9th Cir. Jan. 13, 2010), the Ninth Circuit interpreted two sections of the Fair Debt Collection Practices Act (“FDCPA”) and held that a collections agency did not violate the FDCPA because the original payment terms between the appellant and her dental practice did not constitute a … Continue reading this entry

Second Circuit: Lawsuit During FDCPA Validation Period Overshadows Notice

A recent case out of Connecticut waves a yellow flag at debt collectors who file lawsuits within 30 days of sending a consumer a validation notice under the Fair Debt Collections Practices Act (“FDCPA”). On January 13, 2010, the Second Circuit Court of Appeals held that a law firm and two of its lawyers violated … Continue reading this entry

Alaska Supreme Court Rejects Debt Collector's Argument That Constitutional Right To Petition The Government Is Infringed By Alaska's Consumer Protection Statute

In a recent decision, the Alaska Supreme Court found that requiring a debt collector and attorneys to comply with Alaska’s Unfair Trade Practices and Consumer Protection Act (UPTA) does not infringe on their Constitutional right to petition the government as set out in the Noerr-Pennington doctrine. (Pepper v. Routh Crabtree, APC, et al., No. 6437 … Continue reading this entry