Troutman Sanders

JANUARY 11, 2021

With these holdings, the Seventh Circuit stated that simply alleging a procedural violation, confusion, or annoyance under the FDCPA does not constitute an injury-in-fact and that plaintiffs need to show real harm resulting from their responses to debt collectors’ actions to have Article III standing in federal court. In Bazile v.

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Consumer Financial Services Law

FEBRUARY 13, 2017

Specifically, the plaintiff alleged that defendants had failed to disclose the amount they sought to collect included accruing interest. In reviewing the substance of the complaint, the court agreed with the debt collector that Ms. The plaintiff, however, failed to allege that she incurred any actual harm as a result.

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Consumer Financial Services Law

JANUARY 3, 2018

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. Though all statements in ARS’ letter were factually correct – including the statement that Islam’s debt was $14,413.78 See 15 U.S.C. In Islam v.

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Troutman Sanders

SEPTEMBER 6, 2023

In a subsequent letter, the agency stated that the principal was accruing interest at the rate of 12%, which was followed by an email stating that the rate was 8%, which was followed by another letter stating that the rate was again 12%. A number of communications also included conflicting interest calculations.

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FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.” Hollins Law Firm , _F.3d

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Better Credit Blog

APRIL 11, 2022

You can transfer your high-interest rate debts to this card while the APR is suspended, and by the time your new card accrues interest, you’ll have paid off most of your debt. Debt consolidation loans. What if I've been contacted by a debt collector?

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FDCPA Defense

FEBRUARY 1, 2018

Duty to disclose accruing interest, fees or other charges A significant recent trend in FDCPA case law involves courts that have imposed new disclosure obligations that are not found in the plain language of the Act. See Avila , 817 F.3d 3d at 76-77.

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True Accord

JULY 13, 2023

There were also a couple of notable court decisions impacting debt collectors last quarter. trillion in student debt under the CARES Act, student loan debt is scheduled to begin accruing interest in September 2023, with payments due starting in October. After three years of relief from payments on $1.6

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