Troutman Sanders

JULY 23, 2021

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that, pursuant to the holding in Avila v.

Judgment 52

Judgment Debt collector Accrued Interest Fair Debt Collection 52

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.

Accrued Interest 52

Accrued Interest Judgment Fair Debt Collection Law Firms 52

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.

Accrued Interest 52

Accrued Interest Collection Agencies Collections Agency Fair Debt Collection 52

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

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

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. California law does not allow for a deficiency judgment following non-judicial foreclosure. See Avila , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debtor Debt collector 40