Blog Posts in May, 2012

8th Circuit Rejects FDCPA Claim over Collection Lawyer's alleged misrepresentations in a State-Court Collection Lawsuit

The lesson in Hemmingsen v. Messerli & Kramer, P.A. [1] is that collection lawyers are afforded leeway to bring cases, make allegations – and lose – without violating the FDCPA. A ...
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Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases

As we reported in Making Statutes of Limitations Work for You, Portfolio Recovery Assoc. v. King, a 2010 New York Court of Appeals decision, sent ripples through the debt collection industry because ...
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Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA

We have written a fair amount here about the problem of robo-signed affidavits in debt collection cases (see, for instance, Judge Dismisses American Express Complaint After Finding Robo-Testimony; ...
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The Langel Firm secures $8,197 default judgment against Sieger Ross & Aguire, LLC for telephone harassment under FDCPA. State law theories of liability discussed.

This blog entry, and the case [1] it is premised upon, is important because it demonstrates that even a solid FDCPA case may fall short of satisfying all elements of concomitant state law theories. ...
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Judge dismisses American Express complaint after finding American Express offered "robo-testimony" at trial

In this case, captioned American Express Bank v. Tancreto [1] , American Express Bank, F.S.B. brought causes of action for breach of contract and account stated to collect on a credit card issued to ...
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Study finds more than half of all who complained to FTC of credit reporting errors were unable to persuade credit agencies to correct the mistakes

Ohio newspaper The Columbus Dispatch has just published, in a four-day series, the results of its year-long investigation of complaints against the three major credit-reporting agencies in the US ...
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