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…

In re Keller

Reporting to a credit agency on the deliquency or overdue status of a debt is not a per se violation of the automatic stay, which only forbids collection on the debt, not reports about it.  A creditor did not violate the automatic stay or the order confirming the debtor’s Chapter 13 plan by reporting a…

Kalnoki v. First American Trustee Servicing Solutions, LLC

Home loan borrower failed to allege viable claims for fraud, violation of the UCL or Rosenthal Act, or wrongful foreclosure based on alleged late transfer of loan to a securitized trust or flaws in the nonjudicial foreclosure process.  Following Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, the same court that decided Herrera…

Koby v. ARS National Services, Inc.

District court abused its discretion by approving a class action settlement which provided no actual benefit to class members in exchange for release of their FDCPA claims.  With the named parties’ consent, a federal magistrate judge may rule on a motion for final approval of a settlement in a class action.  However, the magistrate judge…

Mashiri v. Epsten, Grinnell & Howell

An attorney engaged in debt collection and violated the Fair Debt Collection Practices Act by sending a homeowner a letter demanding payment of delinquent homeowners association dues and threatening to file a lien on the homeowner’s property unless the dues were paid within 25 days, thus overshadowing the FDCPA-required notice that the homeowner had 30…

Sheriff v. Gillie

The Federal Fair Debt Collection Practices Act does not ban as false or misleading conduct collection letters sent by special counsel employed by the Attorney General to collect debts owed the state, using Attorney General stationery at the Attorney General’s direction.  Under Ohio law, the Attorney General appoints special counsel to collect debts owed state…