U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham
In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising …
Eleventh Circuit Holds That Debt Collector Did Not Violate FDCPA Even Though It Misstated Name of Creditor In Collection Letter
11/19/18
By: Bill Buechner
The Eleventh Circuit very recently affirmed a district court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act even though the collection misstated the name of the creditor to whom the consumer …
Repaying Old Debts – The Supreme Court Limits FDCPA Liability for Scheduling Time-Barred Claims in Bankruptcy
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…
Eleventh Circuit Holds That Voicemail Message Is “Communication” Under FDCPA, But Does Not Need To Include Name Of Individual Leaving Message
9/29/17
By: William H. Buechner, Jr.
The Eleventh Circuit has ruled that a voicemail message left by a debt collector constitutes a “communication” under the Fair Debt Collection Practices Act. However, the Eleventh Circuit also ruled that a debt collector is …
Ninth Circuit Issues Two Significant FDCPA Rulings To Debt Collector Law Firms
8/18/16
By: Bill Buechner
The Fair Debt Collection Practices Act requires that debt collectors send a notice to the consumer containing certain required disclosures, either in the “initial communication” with the consumer in connection with the collection of a debt or …
Eleventh Circuit Holds That Property Manager For Homeowners Association Is Not “Debt Collector” Under The FDCPA
3/7/13
By: Bill Buechner
The Eleventh Circuit recently held in a case of first impression that a property management company is not a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).
In Harris v. Liberty Community Management, Inc., …