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Judge Denies Motion from Plaintiff to Reconsider Standing in FDCPA Case

Account Recovery

A Magistrate Court judge in Wisconsin has denied a plaintiff’s motion to alter a judgment which ruled he did not have standing to pursue claims the defendant violated the Fair Debt Collection Practices Act, finding that the plaintiff failed to demonstrate a concrete injury that could be linked to the defendant’s alleged misconduct.

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Judge Grants MSJ, Partial Fees for Defendant in FDCPA Case Over Rental Property

Account Recovery

Over time, they neglected to pay the maintenance and cable fees for the property, and the homeowners association hired the defendant, a collection law firm, to collect the outstanding fees. The background: The plaintiffs, a married couple from New York, purchased a condominium unit in Waikiki as an investment property in 2019.

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House Preps Vote on Key Debt Collection Bill

Account Recovery

The House of Representatives appears to be gearing up to vote on a number of bills, including a package of proposed legislation that would address how debts are collected across the country, and ACA International has started an effort to mobilize the industry encouraging members of Congress to vote no on the measure.

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Compliance Digest – February 24

Account Recovery

Appeals Court Reverses Arbitration Ruling for Defendant in Collection Case A New Jersey Appeals Court has overturned a lower courts ruling in favor of a defendant that had granted arbitration in a collection lawsuit more than a year after the complaint had been filed and litigated. More details here.

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CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages

Consumer Finance

Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations.

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Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Troutman Sanders

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

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U.S. Supreme Court Holds Foreclosure Firms Conducting Nonjudicial Foreclosures Are Not Debt Collectors Under the FDCPA

Consumer Finance Watch

The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave open the question of whether businesses that conduct judicial foreclosures are “debt collectors” under the statute. .