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3rd Circuit holds FDCPA statute of limitations begins to run on occurrence, not discovery, of violations, splitting from 4th and 9th Circuits

Buckley Sandler LLP
USA
May 18 2018

On May 15, the U.S. Court of Appeals for the 3rd Circuit issued an en banc ruling that the statute of limitations on the ability to sue for a

Third Circuit Holds Discovery Rule Inapplicable to FDCPA SOL

Manatt Phelps & Phillips LLP
USA
May 17 2018

The Third Circuit ruled that the “discovery rule” does not apply to toll the one-year statute of limitations bar for claims under the Fair Debt

A Circuit Split is Born: Third Circuit Rejects the Discovery Rule for FDCPA Statute of Limitations

Baker Sterchi Cowden & Rice LLC
USA
May 16 2018

In an en banc opinion issued yesterday, the Third Circuit Court of Appeals upheld the district court’s holding that the statute of limitations period

New CFPB Management Unveils a Reduced Regulatory Agenda

Venable LLP
USA
May 15 2018

New management at the CFPB plans fewer rulemakings, according to its spring 2018 regulatory agenda, as first submitted by Acting Director Mick

Is Debt Collection a "Merchandising Practice"? Missouri Supreme Court Says Yes

Baker Sterchi Cowden & Rice LLC
USA
May 14 2018

In Jackson v. Barton, the Missouri Supreme Court was asked to decide whether unfair debt collection practices were sufficient to sustain a claim under

9th Cir. Rejects FDCPA Claim That Collector Did Not ‘Meaningfully Participate’ in Collection

Maurice Wutscher LLP
USA
May 10 2018

The U.S. Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding

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

Mortgage servicer must face TCPA allegations after court dismisses other claims

Buckley Sandler LLP
USA
May 9 2018

On May 2, the U.S. District Court for the Eastern District of New York granted in part and denied in part a mortgage loan owner and mortgage loan

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

7th Circuit affirms summary judgment for consumers in FDCPA suit

Buckley Sandler LLP
USA
May 4 2018

On May 2, the U.S. Court of Appeals for the 7th Circuit affirmed four district court decisions granting summary judgment in favor of consumers who

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