Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.
In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.
Plaintiff alleged a loan servicer made false reports to three credit reporting agencies and used debt collection methods prohibited by the Fair Debt Collection Practices Act (FDCPA). The court found the plaintiff stated a claim under 1692g(b) of the FDCPA where she alleged she provided the servicer
with a notice of dispute, but the servicer continued to attempt to collect the debt despite not having proved the existence of the debt as required by the FDCPA. However, the plaintiff could not state a claim under 1692d, 1692e(8), and 1692f because, for each, she failed to provide specific facts in connection with the alleged violations, like when or by what means the servicer made the alleged false representations about Plaintiff’s debt to credit reporting agencies, or what property the servicer took or threatened to take in an unfair or unconscionable attempt to collect the plaintiff’s alleged debt. Wright v. Specialized Loan Servicing, United States District Court for the Eastern District of California.
Note that this Weekly UDAAP Standards Report serves to highlight only some of the many weekly developments in the law around these standards.
Please feel free to contact me for more information or to discuss these cases or any other UDAAP developments.
Looking for the latest in UDAAP Developments and Best Practices? Foley has an event for you:
On Wednesday, November 5, Foley Partner Marty Bishop will be presenting UDAAP: The Latest Developments and Best Practices, a complimentary, 1 hour webinar starting at 2:00 pm EST. Some topics include:
• UDAAP (and UDAP) in the consumer mortgages, including the Consumer Financial Protection Bureau’s (“CFPB”) new mortgage rules (both those implemented early this year and those the Bureau plans to implement in the near future).
• An examination of how the CFPB can take an existing statute like (e.g., the Fair Debt Collection Act) and expand it through UDAAP.
• The unique investigatory, litigation, and settlement workings of state Attorneys General.