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Consumer Protection Laws Statutory Interpretation Debt Collection

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit vacates FDCPA judgement, finding statutorily-required letter does not confer standing

On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The...more

Orrick, Herrington & Sutcliffe LLP

District court finds written dispute not needed for FDCPA claim

On August 12, a federal judge in a Georgia district court denied a debt collector’s motion to dismiss an FDCPA lawsuit, holding that the consumer was not required to submit a dispute in writing to allege a violation of...more

Shipkevich PLLC

New Jersey Court Reaffirms Judiciary’s Exclusive Authority Over Legal Practice, Voids Ambiguous Debt Adjustment Exception

Shipkevich PLLC on

In a recent decision, a New Jersey court reaffirmed the Judiciary Branch’s exclusive constitutional authority to regulate the practice of law within the state. The case involved a challenge to the “limited attorney exemption”...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

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