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Litigation against collectors, debt buyers and their attorneys
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Statue of limitations for FDCPA claims due to litigation
Midland's and Bursey & Associates' motion for judgment on the pleadings granted because the "[f]iling a complaint is the debt collector’s last opportunity to comply with the Act." [Naas]
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Litigation against collectors, debt buyers and their attorneys
I'm most interested in cases against attorneys for FDCPA violations during litigation and TCPA litigation
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Molnar v. NCO Financial Systems
Analysis of what constitutes an ATDS for TCPA claims with many California / 9th district cites
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Views 820
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Roylance v ALG Real Estate Services, Amerifund Lending et al
Illegal mortgage marketing is back. The defendants failed to appear and the magistrate judge issued recommendations for default judgment, including an analysis of the claims regarding calls to a residential land line, treble damages and vicarious liability.
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Views 857
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Frausto v IC System
TCPA: Frausto had NO evidence to establish that he revoked his consent to receive calls at his cell phone.
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Views 887
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Sengenberger v Credit Control Services
An excellent Illinois opinion regarding FDCPA and TCPA violations. Treble damages for willful TCPA violations explained, express consent for calls to cell phone analysis and collector's "legal" name to be left with messages.
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Views 897
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Brim v. Midland Cred. Mgmt., 795 F. Supp. 2d 1255, 1265 (N.D. Ala. 2011)
Jury awarded punitive damages of $623,180.00 and compensatory damages of $100,000.00. Includes FCRA violations, definition of "willful" and many references to other litigation against Midland
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Views 824
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Mass. supreme court on filing collectcion lawsuits in inconvenient forums to obtain default judgments
"We reject the argument that an act or practice which is authorized by statute can never be an unfair or deceptive act..."
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Views 813
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The FDCPA
Cornell's comments and the statue, the 3/20/13 annual report and CFPB FAQ
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Views 864
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