On June 3, the Supreme Court set the standard for consumer recovery of damages, punitive damages, and attorney fees for collection of debts discharged in bankruptcy. This article also explains that judgments on discharged debts are void, describes the advantages of FDCPA remedies, and provides a comparison between remedies for automatic stay violations and discharge violations.
A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.
This article summarizes all 34 FDCPA reported appellate decisions issued in 2018, reports on a pending Supreme Court FDCPA case, and describes NCLC’s digital tool to locate relevant FDCPA case summaries from summaries of over 14,000 FDCPA decisions.