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The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a FairDebtCollection Practices Act case over whether the plaintiff meets the statute’s definition of “consumer” and whether the debt is still a debt. Read the ruling.
In 2014 the Eleventh Circuit held that a debt collector violates the FairDebtCollections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC , 758 F.3d 3d 1254 (11 th Circ.
Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. The CFPB is expected to announce proposed debtcollection rules in the near future that may incorporate the theory. 1692, et seq.
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