Sue the Creditor in Small Claims Court Small claims courts might be a better option for consumers who don't want to hire an attorney or spend the time required for a full-blown state court lawsuit. Small claims courts allow individuals to argue their case without an attorney and through an...
Supreme Court Decision May Reduce Debtor Claims Brought Under the FDCPAWhitakerG. Warren
InMikolajczyk v. Universal Fidelity, LP, filed in a Wisconsin federal district court, U.S. Magistrate Judge William E. Duffin denied the defendant’s motion to dismiss, concluding that the plaintiff had stated a claim that the defendant had violated FDCPA Sections 1692e and 1692g. Section 1692...
Court of Appeals for the Second Circuit decision in Madden v. Midland Funding LLC, in which the court apparently did not consider this principal doctrine to hold that the National Bank Act does not provide a shield against state usury claims even though the loan, when originated by a na...
against the consumer in state court. The FDCPA claims typically allege that by filing collection lawsuits without a license, the debt buyer violated the FDCPA by (a) taking an action that could not legally be taken; and (b) using unfair and unconscionable means to collect a debt. The Utah...
InScalercio-Isenberg v. Select Portfolio Servicing, No. 20-cv-4501, 2021 U.S. Dist. LEXIS 15117 (D.N.J. Jan. 27, 2021), the court granted a motion to dismiss claims against a mortgage servicer. The plaintiff alleged that the defendant, its mortgage servicer, violated federal and ...
U.S. Supreme Court Holds Debt Collectors Are Not Liable under the FDCPA for Pursuing Time-Barred Claims in Bankruptcy CourtJonathan M. Robbin
Addressing what it termed “a deluge [that] has swept through U.S. bankruptcy courts of late” the 11th Circuit Court of Appeals inCrawford v. LVNV Funding, LLClast week held that filing a proof of claim on time barred debt is conduct that violates the Fair Debt Collection Practices Act...
Yet another judge in the Eastern District of New York has identified the misuse of the Fair Debt Collection Practices Act (FDCPA) by plaintiffs and their counsel by filing claims that are more “lawyer’s cases” rather than actual genuine issues faced by the least sophisticated consumer. We’...