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Judge Dismisses FDCPA Case Over SOL on Judgment

Account Recovery

Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. The background: The plaintiff alleged that the defendant violated the FDCPA by failing to notify him that the debt in question was time-barred.

Judgment 130
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Judge Grants MSJ for Defendant in FDCPA Case Over Whether Plaintiff Disputed Debt

Account Recovery

A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not. I decline to pay this debt.”

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Compliance Digest – February 24

Account Recovery

District Court for the Eastern District of Texas granted the CFPBs unopposed motion for a 90-day stay in the litigation filed by Cornerstone Credit Union League and Consumer Data Industry Association (the Plaintiffs). WHAT THIS MEANS, FROM AYLIX JENSEN OF MOSS & BARNETT: OnFebruary 6, the U.S. Stay tuned!

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Passage Of Debt Collection Bill Could Be A ‘Slippery Slope’ For Lenders

Collection Industry News

The borrowers most impacted by the consequences of this provision will be low- and moderate-income borrowers whose financial well-being could benefit the most from access to affordable credit from a credit union.”. In March of 2019, SCOTUS unanimously held in Obduskey V.

Lender 40
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What Are “Statutory Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. When that happens, businesses need to be aware of their rights and the potential exposure under the FCCPA and the FDCPA. 2d 509 (Fla.

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Are Proposals for Settlement Enforceable in FCCPA Cases?

Jimerson Firm

The Clayton Court was asked to decide the question of “whether Florida’s offer of judgment statute is preempted by [the federal Fair Debt Collection Practices Act (“FDCPA”)].” in an effort to encourage settlement of disputes. Bryan , 753 So. 2d 632 (Fla. 5th DCA 2000).

Lawyers 52
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Judge Denies Motion to Compel Defendant to Turn Over Info About Debt Collection Activities

Account Recovery

Most days, when it comes to writing about legal rulings, I tend to stick to rulings that are considered dispositive — where a motion to dismiss or motion for summary judgment or motion for judgment on the pleadings are ruled on — motions that can bring a case to an end. Today’s case is a little different.