Afewerki v. Anaya Law Group

A state court complaint’s misstatements of the amount owed and interest rate in a complaint a law firm filed to collect a consumer credit card debt were material and a violation of the Fair Debt Collection Practices Act.  The FDCPA prohibits debt collectors from making false statements when attempting to collect debts from consumers.  Here,…

Henson v. Santander Consumer USA, Inc.

An entity that collects debts that it has purchased for its own account is not a “debt collector” for FDCPA purposes, since it is collecting on the debts for itself and not for another.  An entity that collects debts that it has purchased for its own account is not a debt collector subject to the…

Midland Funding, LLC v. Johnson

Filing a facially time-barred creditor’s claim in a Chapter 13 is not a false, deceptive, misleading, unconscionable or unfair means of collecting a debt under the FCDPA, since Chapter 13 debtors are protected from paying dubious claims by the Chapter 13 trustee’s supervision of the case.  Filing a creditor’s claim in the debtor’s Chapter 13…

O’Neil-Rosales v. Citibank (South Dakota) N.A.

An Anti-SLAPP motion was properly granted against suit alleging that creditor violated state and federal Fair Debt Collection Practices Acts by recording an abstract of judgment creditor had obtained against plaintiff’s former domestic partner.  An Anti-SLAPP motion to strike was properly granted in this FDCPA and RFDCPA suit against creditor and creditor’s lawyer.  Creditor sued…

U.S. Small Business Administration v. Bensal

Under 28 USC § 3304(a), the federal government may void as fraudulent any transfer made by a debtor who does not receive equivalent value, and a judgment debtor’s disclaimer of an inheritance fits that definition.  Defendant obtained and then defaulted on an SBA-guaranteed loan.  The lender obtained judgment against defendant, after which it assigned the…

Dowers v. Nationstar Mortgage LLC

Borrowers’ Fair Debt Collection Practices Act claims arising from non-judicial foreclosure actions were properly dismissed, except for claim under 15 USC § 1692f(6) for threatening foreclosure when no right to foreclose existed.  Following Ho v. ReconTrust Co. (9th Cir. 2016) 840 F.3d 618, this decision holds that a borrower failed to state FDCPA claims for…

Professional Collection Consultants v. Lauron

Without establishing the accrual date of claims for payment of old credit card debt, defendant could not prove the limitations period had expired and so was not entitled to summary judgment.  In this case, the appellate court reverses a summary judgment for the consumer who was sued by a debt collector on debts owed on…

Ho v. ReconTrust Co.

Enforcement of a security interest is not collection of a debt under the Fair Debt Collection Practices Act, so a deed of trust trustee does not act as a debt collector, subject to that Act, in taking steps to nonjudicially foreclose the deed of trust.  A deed of trust trustee is not a “debt collector”…

Davis v. Hollins Law

Even though it did not expressly so state, given the parties’ prior settlement negotiations, a collection attorney’s voicemail message to debtor sufficiently disclosed even to the least sophisticated debtor that the message was from a debt collector.  Under 11 USC 1692e(11), a debt collector must, in all communications after the first, disclose that the communication…

Hernandez v. Williams, Zinman & Parham, PC

The federal Fair Debt Collection Practices Act’s five-day debt validation notice requirement applies not only to the first debt collector attempting to collect a given debt, but also to each later debt collector attempting to collect that same debt.  Under 15 USC 1692g(a), a debt collector must send the debtor a debt validation notice within…

Lyons v. Michael & Associates

Federal Debt Collection Practices Act’s one-year statute of limitations began to run when debtor discovered (or reasonably should have discovered) that a collections suit was filed against her—not when the suit was actually filed.  Discovery rule tolling applies to the FDCPA’s one-year statute of limitations.  Mangum v. Action Collection Service, Inc., 575 F.3d 935 (9th…