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Tenth Circuit Affirms Rejection of Bona Fide Error Defense in FDCPA Claim Alleging a Single Collection Call After Receipt of a Cease-and-Desist Notice

Troutman Sanders

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. In Lupia v. Medicredit, Inc. , 20-1294 (10th Cir.

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Display of Data Symbols Similar to QR Code Visible Through Envelope Window Insufficient to Establish Article III Standing

Troutman Sanders

Nyanhongo filed a class action alleging that hundreds of similar envelopes were mailed statewide in violation of Section 1692f(8) of the Fair Debt Collection Practices Act (FDCPA). Article III of the Constitution limits the exercise of judicial power to cases and controversies. ” In DiNaples v.

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What Is a Debt Collector and Why Are They Contacting Me?

Taurus Collect

A debt collector might sound like a character from a Charles Dickens novel, but if you’ve been contacted by one, you know they’re very much a reality of modern financial life. So, what exactly is a debt collector? These guidelines are designed to protect consumers and ensure fair debt collection practices.

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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. Wagner” because the collection firm “believe[d] there is a William J.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

2000) (FDCPA claim filed against shareholder of agency was frivolous: “The Fair Debt Collection Practices Act is not aimed at the shareholders of debt collectors operating in the corporate form unless some basis is shown for piercing the corporate veil, which was not attempted here.”) (citation omitted); Pettit v.