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DOE Plans to Stop Using Private Debt Collectors
  • Troutman Sanders LLP
  • USA
  • May 31 2018

As disclosed in a notification filed on May 3, in FMS Investment Corp. v. United States (“the Notice”), the Department of Education (“DOE”) will soon


Debt Collector Escapes FDCPA Liability With Clear Validation Notice
  • Troutman Sanders LLP
  • USA
  • May 10 2018

On May 2, the U.S. District Court for the District of New Jersey granted a debt collector’s motion to dismiss a putative class action brought under


Ninth Circuit Rejects Flat-Rating Claims in FDCPA Class Action
  • Troutman Sanders LLP
  • USA
  • May 7 2018

In Echlin v. PeaceHealth, the U.S. Court of Appeals for the Ninth Circuit held that a debt collection agency meaningfully participated in collection


Alleged Debt Collector Wins Summary Judgment After Plaintiff Fails to Show Account at Issue is a “Consumer Debt”
  • Troutman Sanders LLP
  • USA
  • April 30 2018

On April 13, the United States District Court for the Eastern District of Wisconsin granted summary judgment to defendants in a lawsuit brought under


No Bill of Sale? No Problem - District Court Orders Arbitration in FDCPA Action Even Though Original Bill of Sale Was Unavailable
  • Troutman Sanders LLP
  • USA
  • April 30 2018

A district court in the Northern District of Illinois recently granted a debt collector’s motion to compel arbitration in a Fair Debt Collection


Court Rejects FDCPA Theory of Liability Based on Collection of Attorneys’ Fees Incurred by In-House Counsel
  • Troutman Sanders LLP
  • USA
  • April 26 2018

A federal court in Nebraska threw out a putative class action suit brought under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., and


E.D.N.Y. Exonerates Debt Collector for Using Safe Harbor Language, Considers Sanctions Against Plaintiff’s Counsel for Bringing Meritless Claim
  • Troutman Sanders LLP
  • USA
  • April 24 2018

On March 30, the U.S. District Court for the Eastern District of New York dismissed a Fair Debt Collection Practices Act case in favor of a debt


Seventh Circuit Rejects Use of Safe Harbor Language With Variable Amount of Debt
  • Troutman Sanders LLP
  • USA
  • April 16 2018

In a recent ruling, the Seventh Circuit Court of Appeals held that plaintiffs stated a viable claim under the Fair Debt Collection Practices Act by


U.S. District Court Awards Summary Judgment to Debt Collector on “Tax Consequences” Disclosure in Collection Letter
  • Troutman Sanders LLP
  • USA
  • April 12 2018

On March 19, the United States District Court for the Western District of New York granted summary judgment to a debt collector who was sued for


California Court of Appeal Holds Mortgage Servicers Can be Debt Collectors Under State’s Debt Collection Law
  • Troutman Sanders LLP
  • USA
  • April 4 2018

According to a recent decision from the California Court of Appeal, mortgage lenders and servicers can, at least under certain circumstances, be “debt