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10-3184 Carter v. AMC, LLC
Consumer Protection FDCPA; lessor’s agent A landlord’s agent is not a debt collector under the FDCPA. “We conclude that, although one usually ‘obtains’ a debt by purchasing it, this is not the only way to do so. A servicing agent ‘obtains’ a debt in the sense that it acquires the authority to collect the money […]
FDCPA does not cover court communications
“My creditor tried to mislead the judge” is not grounds for a debtor to sue the creditor under the Fair Debt Collection Practices Act.
10-1376 O’Rourke v. Palisades Acquisition XVI, LLC
Consumer Protection FDCPA The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer. “[W]when read in light of the Act’s purpose and numerous provisions, the prohibitions are clearly limited to communications directed to the consumer and do not apply to state judges. The Act is […]
10-2045 Tinsley v. Integrity Financial Partners, Inc.
Consumer Protection FDCPA 15 U.S.C. 1692c(c) of the Fair Debt Collection Practices Act does not prohibit debt collectors from contacting a debtor’s legal counsel as well as the debtor himself, once the debtor refuses to pay. “Subsections (a) and (b) provide valuable context. Tinsley’s argument makes hash of them, because if the word ‘consumer’ is […]
No harm, no foul under FDCPA
A Mayville law firm was properly granted summary judgment on a debtor's claim that it violated the Fair Debt Collection Practices Act (FDCPA), even if it did so, because the debtor suffered no damages.
2009AP2716 Braunschweig, et al. v. Banco Services Inc.
Consumer Protection FDCPA; attorney fees Erik and Stacy Hanson appeal from orders granting their motion for summary judgment in part but denying them damages and attorney fees against the Madden Law Firm (MLF). MLF cross appeals the order determining that it violated the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e(11), 1692g(a) (2006). […]
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