Caren’s Corner

Eleventh Circuit Continues to Explore Definition of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA.  As many may recall, the Eleventh Circuit’s opinion in Davidson v. Capital One Bank, 797...

Eleventh Circuit Holds Voice Mail Message is a Communication

The Eleventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA.  In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left a message which stated: This is...

District Court Takes on the Intersection of Bankruptcy and the FDCPA

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims.In December 2013, Jeziorowski filed a complaint alleging violations of the Fair Debt Collection...

District Court Takes Perplexing Stance on Third Party Standing

An Illinois district court has taken a broad view of standing under section 1692e of the FDCPA.  In Koval v. Harris & Harris, Ltd., 2017 U.S. Dist. LEXIS 53124 (N.D. Ill. Apr. 5, 2017), a demand letter addressed to Michael Koval was opened and read by his...

Credit Reporting Remains a High Priority for the CFPB

The CFPB confirmed credit reporting remains a high priority for the agency by issuing a special Supervisory Highlights devoted to credit reporting earlier this month.  The report was generally complimentary of the strides that credit reporting agencies have made...

$1.90 Can’t Buy You an FDCPA Violation​

A consumer who sued a debt collector over an inaccurate statement as to the amount of a settlement offer recently saw his complaint dismissed for lack of standing.  In Allgire v. HOVG, LLC, the plaintiff was contacted regarding a medical debt and offered a settlement...

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