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Georgia Federal Court Finds Dialing System is Not an ATDS Due to Human Intervention

USA - May 24 2018 In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down…

R. Frank Springfield

Supreme Court: Debt Buyers Collecting Debts That They Own Are Not “Debt Collectors” Under FDCPA

USA - June 13 2017 On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a "debt collector" as defined…

Alan D. Leeth

In Win for Debt Buyers, Supreme Court Holds Filing Proofs of Claim in Bankruptcy on Stale Debts Does Not Violate FDCPA

USA - May 16 2017 In Midland Funding, LLC v. Johnson, the U.S. Supreme Court held that a debt collector does not run afoul of the FDCPA by filing a proof of claim in…

Alan D. Leeth

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA

USA - August 30 2016 In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that…

Alan D. Leeth

Ninth Circuit Holds Each Debt Collector Must Send a 1692g Validation Notice, Even If Previously Provided By Another Debt Collector Regarding the Same Debt

USA - July 26 2016 In Hernandez v. Williams, Zinman & Parham PC, No. 14-15672, — F.3d -, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit Court of Appeals…

R. Frank Springfield, Katherine West