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Supreme Court Excludes Non-Judicial Foreclosure From FDCPA

BN Lawyers

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. The District Court dismissed the suit on the ground that the law firm was not a “debt collector” as defined in the FDCPA.

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Supreme Court Decides that Law Firms Engaged in Non-Judicial Foreclosure Proceedings are Not Debt Collectors Under the FDCPA

Foster Swift

For many, the term “debt collection” calls to mind threatening letters and harassing, late-night phone calls. Read More › Tags: Collections , Financing , U.S. Supreme Court.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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What New Business Owners Need To Know To Collect Debt

The McHughes Law Firm

New business debt collection may be the last thing on your mind as you juggle all the different moving parts the come with starting a business. If you are in the process of starting a new business, debt collection on past due accounts is likely not even on your radar yet. 4: Debt Collection is Too Expensive.

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7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

Troutman Sanders

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 Fair Debt Collection Practices Act (“FDCPA”). State Collection Service Inc. The Spuhlers alleged in their complaint that State Collection Service, Inc. (“SCS”)

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. and analogous state laws. See Agrelo v. Affinity Management LLC , 849 F.3d

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. The issue in Ho v. 21, 2017) (No.