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Complaint (Manning v. U.S. Bank Trust Nat'l Ass'n, Bankruptcy Case No. 11‐80847)

Plaintiff seeks relief under the Bankruptcy Code, 11 U.S.C. § 101 et seq., the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), the North Carolina Debt Collection Act, N.C.Gen.Stat. § 75‐50 et seq. (“NCDCA”), and the North Carolina Collection Agency Act, N.C.Gen.Stat. § 758‐70 et seq. (“NCCAA”).

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Complaint (Wood v. GC Services Limited Partnership, Case No. 4:16-cv-00033)

This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against Defendant GC Services Limited Partnership, for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§1692 et seq. (“FDCPA”), which prohibits debt collectors from engaging in abusive, deceptive, and unfair practices, and requires the communication of specific statutory rights, and the North Carolina Collection Agency Act, N.C.G.S. § 58-70-90 et seq. (“NCCAA”).

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Complaint (Clark v. Absolute Collection Service Inc.)

This action is brought by Plaintiffs, on behalf of themselves and all others similarly situated, for statutory damages against Defendant Absolute Collection Service, Inc. for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§1692 et seq. (hereinafter referred to as "FDCPA"), which prohibits debt collectors from engaging in abusive, deceptive, and unfair practices.

Complaint (Grey v. Central Credit Services, LLC, Case No. 1:18‐cv‐00774)

This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against the Defendant Central Credit Services, LLC (“Defendant”), for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the North Carolina Collection Agency Act, N.C.Gen.Stat. §§ 58‐70‐1 et seq. (“NCCAA”), which prohibit debt collectors and collection agencies from engaging in abusive, deceptive, and unfair practices.

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CFPB Amicus Brief in Carrasquillo v. CICA Collection Agency (1st. Cir.) (filed Jan. 2, 2024) (no FDCPA intent or knowledge requirement for 1692e)

This is a January 2, 2024, CFPB amicus brief before the First Circuit arguing that FDCPA Section 1692e’s prohibition on false, deceptive, or misleading representations is not limited to intentional or knowing representations.

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Gaskell v. Kinum, Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills and John Steinkamp of Indianapolis, Indiana, on October 13, 2023,  in the Southern District of Indiana alleging FDCPA violations involving demanding a debt not owed (1692e), failure to cease communications and collections (1692c(c)), communicating with a consumer represented by counsel (1692c(a)(2)), and harassment or abuse (692d(2). The complaint also addresses federal court standing.

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Ebaugh v. Medicredit Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.

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Colburn v. Collection Professionals

This is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f).  The complaint also addresses federal court standing.

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Gilman v. TRS Recovery Services, Inc.

This is a federal court complaint  filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 9, 2023,  in the Northern  District of Illinois alleging FDCPA violations involving  failure to cease collections of a dispute debt without providing validation (1692g(b)), failure to cease communications and collections (1692c(c)), false, misleading and deceptive statements (1692e),, and harassing or abusive practices (1692d). The complaint also addresses federal court standing.

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Amicus Brief of the Electronic Privacy Information Center & NCLC in Support of Petition for Rehearing En Banc (Brickman v. Meta Platforms, Inc.)

This is a 2023 amicus brief filed by EPIC and NCLC in a TCPA case asking the Ninth Circuit to rehear en banc the opinion below in Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022).  The amicus brief argues that the opinion unnecessarily guts the autodialer restriction. By inserting the phrase “number” into “random or sequential number generator,” the Borden decision ensures that the autodialer restriction will no longer cover the most common automated dialing equipment.

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Bass v. Rome Holdings L.L.C. (N.D. Ala. March 4, 2015) (Complaint)

This is an FDCPA second amended complaint filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC ss. 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.

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CFPB and FTC Amicus Brief re FDCPA and Pay-to-Pay Fees

This is an amicus brief submitted by the CFPB and FTC in support of the plaintiffs in Glover v. Ocwen Loan Servicing, LLC before the Eleventh Circuit , filed February 27, 2024.   The brief argues in support of an  FDCPA  § 1692f(1) violation  where debt collectors charge a  fee on top of the consumer's payment to the collector (pay-to-pay fees) since the fees are not authorized by contract or law.  The  FDCPA violation does not apply  only to fees incidental to the debt.

Jones v. Nationwide Recovery Serv., Inc., 2023 WL 3628305 (N.D. Ga. Mar. 13, 2023).

Rockey v. Med-1 Solutions, L.L.C., 211 N.E.3d 689 (Ind. Ct. App. May 31, 2023 (table).

Saladino v. Portfolio Recovery Associates, L.L.C., ___ F. Supp. 3d ___, 2023 WL 4781640 (W.D.N.Y. July 26, 2023).

Moore v. Mandarich Law Group, L.L.P., 2023 WL 3600491 (S.D. Fla. Feb. 7, 2023).

Sinsay v. Bank of Am., N.A., 2023 WL 4557746 (Cal. Ct. App. July 17, 2023).

Ruiz v. Equifax Info. Servs., L.L.C., 2023 WL 4873961 (S.D. Tex. July 31, 2023).

Elnaggar v. Allard, 2023 WL 3597381 (3d Cir. May 23, 2023).

Bank of Am., N.A. v. Speer, 2023 WL 4577655 (Conn. Super. Ct. July 14, 2023).

Bittinger v. DNF Associates L.L.C., 2023 WL 4868364 (D. Md. July 31, 2023 (appeal filed 4th Cir. Aug. 28, 2023).

Carey v. Capital Link Mgmt., L.L.C., 2023 WL 5093442 (D. O. Aug. 9, 2023).

Goodall v. LVNV Funding, L.L.C., 2023 WL 3687967 (E.D. Va. May 26, 2023).

Rahier v. Thunderbird Collection Specialists Inc., 2023 WL 4488996 (D. Ariz. July 12, 2023).