FDCPA

This is the consumers' reply to the defendant's objection to the consumers' request for attorney fees.  The settled case involved a law firm's use of allegedly unfair debt collection practices when it sought to recover its appointed counsel fees from the indigent defendants it was representing in criminal cases.  Among other reasons why the consumers argued for the court to award them significant attorney fees was the novelty of the case.  The consumers raised claims under the Fair Debt Collection Practices Act (FDCPA) and civil rights statutes, and the reply goes i

Georgia Federal Court Complaint Concerning Zombie Debt (United Asset Management)

This is a 2021 federal class action complaint in the Eastern District of Virginia concerning the collection of zombie mortgage debt.

Federal Court Complaint Concerning Zombie Debt (Richland & Falkowski)

This is a trial brief in a FDCPA case where the collector threatened foreclosure on the wrong house and tried to collect from the wrong person, the collector had no intent to foreclose, and the collector had no authority to collect the debt. The brief was written by Gregory Reichenbach, a Perrysburg, Ohio attorney, and Edward Icove, a Cleveland, Ohio attorney.

This is an opposition to a motion to dismiss in a case complaining that a debt collector disclosed the consumer’s personal and financial information a letter vendor. The consumers argue that a requirement that financial data be kept confidential does not violate the First Amendment, that the debt collector violated the plain language of 15 U.S.C. s. 1692c(b), and that the debt collector’s statutory construction arguments lack merit.

This is a jury instruction in an FDCPA case that includes 29 separate instructions. Many apply to the FDCPA case, such as nature and element of the claims, violations of the act, least sophisticated standard, bona fide error defense, and actual and statutory damages. Others are of a more general nature, such as the province of the jury, burden of proof, objections, stipulations, duty in deliberating, and verdict forms.