News & Analysis as of

Motion to Dismiss Fair Debt Collection Practices Act Consumer Financial Protection Bureau (CFPB)

McGlinchey Stafford

District Court Holds Debt Verification In Response to Consumer’s Letter Refusing to Pay, But Disputing the Debt, Is Not a FDCPA...

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A United States District Judge for the U.S. District Court for the District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing...more

Orrick, Herrington & Sutcliffe LLP

District Court grants motion to dismiss in FDCPA case regarding an undated Model Validation Notice

On December 5, the U.S. District Court for the Southern District of New York granted a debt collection agency (the defendant) a motion to dismiss an individual’s (plaintiff’s) complaint. The case considers whether an undated...more

Troutman Pepper Locke

Undated Model Debt Violation Notice Does Not Violate the FDCPA

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Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). In Bergida v. PlusFour, Inc., the defendant sent a debt validation...more

Sheppard Mullin Richter & Hampton LLP

NY Federal Court Rules CFPB Vicarious Liability Suit Can Proceed

In August, a New York federal district court denied a motion to dismiss a CFPB lawsuit against three affiliated companies engaged in the business of purchasing distressed consumer debt and several of the companies’ owners and...more

Troutman Pepper Locke

New York Federal Court Sides with CFPB, Denies Debt Holders’ Motions to Dismiss Case Alleging Violations of the FDCPA and CFPA

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On August 22, a district court judge in the Western District of New York denied the defendants’ motions to dismiss a case brought by the Consumer Financial Protection Bureau (CFPB) alleging violations of the Fair Debt...more

Orrick, Herrington & Sutcliffe LLP

District Court denied motion to dismiss CFPA and FDCPA claims against debt buyers

On August 22, the U.S. District Court for the Western District of New York refused to dismiss CFPA and FDCPA claims brought by the CFPB that alleged violations related to misrepresentations made to debtors by debt collectors....more

Troutman Pepper Locke

Third Circuit Affirms Motion to Dismiss FDCPA Claim Over Itemization of “$0.00” in Interest and Collection Charges

Troutman Pepper Locke on

In Hopkins v. Collecto, Inc., the Third Circuit Court of Appeals affirmed the dismissal of a putative class-action complaint, alleging that by itemizing interest and collection fees for a “static debt,” the letter violated...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – November 2020

This matter is now in front of the Third Circuit for review, and the Consumer Financial Protection Bureau (CFPB) has submitted an amicus brief in support of the district court's decision, citing specifically to Degroot v....more

Ballard Spahr LLP

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

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A letter sent to collect a time-barred debt that makes a settlement offer can, even without a threat of legal action, violate the Fair Debt Collection Practices Act's (FDCPA) general prohibition against a debt collector's use...more

Ballard Spahr LLP

Collection Letter Containing Check Box To Dispute Debt Created Potential FDCPA Claims, Federal Court Rules

Ballard Spahr LLP on

A collection letter potentially violated the Fair Debt Collection Practices Act (FDCPA) because a box the plaintiff could check to indicate she disputed the validity of the debt was accompanied by a statement that a reason...more

Ballard Spahr LLP

Hanna Law Firm Moves to Dismiss CFPB Complaint

Ballard Spahr LLP on

Today, the law firm of Fredrick J. Hanna & Associates filed a motion to dismiss the enforcement action brought by the CFPB against it in the U.S. District Court for the Northern District of Georgia....more

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