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The background: The plaintiff, a consumer who made mortgage payments through an online payment service, filed a class action lawsuit against the defendant, a loan servicer, alleging that the $5 convenience fee charged per payment violated multiple California consumer protection laws including the Rosenthal FairDebtCollection Practices Act.
On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the FairDebtCollection Practices Act (“FDCPA”).
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the FairDebtCollection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. Litton Loan Servicing, LP , 2011 WL 635258, at *4 (N.D.
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