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The most comprehensive FDCPA page ever- detailed descriptions of vi...Christine04-26-05  05:45 pm
Thomas v. TransUnion - FCRA ($5.3M jury verdict)
6/9/2003 - Release of Judgment was filed.
After the judge had reduced the jury award, TU paid about $1M in punitive damages, $300,000 compensatory damages and $115,000 in attorney fees.
Christine43 40 04-26-04  07:07 am
2002 5th Circuit Appeals Court: Young v. Equifax, et alChristine04-09-04  01:33 am
1998 6th Circuit Appeal: Duncan v. Kenneth S. Handmaker, Middleton...
Permissible purpose for inquiries
Christine03-29-04  06:01 pm
2/11/04: 4th Circuit Court of Appeals AFFIRMS Johnson v. MBNAChristine02-13-04  08:52 pm
11/21/03 -- Bank One (First USA) and Weinstein ordered to pay $10,5...
This is an excellent ruling in bankruptcy court. However, the conduct of Weinstein was so outrageous, a separate suit and criminal charges should be filed against Weinstein for attempting to collect the debt from the debtor's EMPLOYER and misrepresenting this personal debt as a business debt. That's the kind of fraud and extortion that should come with jail time and judgments in the millions.

A $10K judgment is NOT going to make Bank One and Weinstein stop the fraud and extortion.
Christine12-27-03  03:59 pm
June 10, 2002: TRANS UNION LLC v. FEDERAL TRADE COMMISSIONChristine12-20-03  05:41 am
Aklagi v. NationsCredit Financial Services Corporation, No. 01-2244...
"[41]
Admittedly, this statutory framework may seem troubling because it seems to disregard the significance of the fact that EquiCredit continued to report information regarding this account at a time when it knew the account was disputed. However, consumers such as the Aklagis are, in fact, entitled to some protection from such conduct. Specifically, 1681s-2(a) prohibits a furnisher of credit information from reporting inaccurate information once it has received notice from the consumer that the information is inaccurate. 1681s-2(a)(1)(B). However, as discussed previously, there is no private cause of action under this statute because the enforcement of subsection (a) is reserved exclusively to the Federal Trade Commission."
Christine12-20-03  04:34 am
Lowe v. Surpas Resource Corp., No. 01-2149-JWL (D.Kan. 03/27/2003)...
This is a long one, well worth reading.

Keep your call log, record!
Christine12-20-03  04:33 am
1993 4th Circuit: Caroll v. Wolpoff & Abramson
"Carroll sued Wolpoff and Abramson alleging, among other things, that the June 11, 1990, letter violated section [**3] 1692e(11) of the Fair Debt Collection Practices Act because it failed to include a warning that the letter was an attempt to collect a debt and that any information obtained would be used for that purpose."

The district court granted summary judgment for Wolpoff & Abramson, the appeals court reversed and remanded for further proceedings.
Christine11-29-03  06:17 pm
1993 3rd Circuit: E. STEVEN DUTTON, Appellee v. WOLPOFF AND ABR...
A very interesting Court of Appeals decision against Wolpoff and Abramson, collection attorneys.

They failed to include the "debt collector" notice in settlement offers after they obtained judgments on behalf of Macy's and they implied that liens existed while there were no liens. The district court jury had awarded $500 in statutory damages, and the appeals court affirmed.
Christine11-29-03  06:03 pm
11/10/03 decision NOT to dismiss Capital One - 7th Circuit
Important: Capital One is a debt collector in this case ONLY because they purchased the charged off debt.

If you reaffirmed a delinquent debt through a Capital One credit card, follow this case.

The plaintiffs are represented by EDELMAN, COMBS & LATTURNER, LLC - http://www.edcombs.com/ - their site has a TON of great resources, rulings and opinions.
Christine11-25-03  10:00 pm
AZ Supreme Court 2002: Logan v. Forever Living Products International
Most dismissals are for "failure to state a claim." This AZ Supreme Court decision reversed the district court's dismissal. The Logans were fired by their employer after they refused to sell them their property for a low price.

The AZ Supreme Court felt that there was something seriously wrong and even though the Logans didn't refer to specific laws, they had a valid claim.
Christine11-16-03  09:38 pm
9/16/03 Credit Research, Inc. v. Experian Information
While "NOT TO BE PUBLISHED IN OFFICIAL REPORTS" - this is an EXTREMELY important case. Not because of the decision, but because of Experian's CLAIMS to be so concerned with FCRA compliance.
Christine10-16-03  06:26 pm
June 11, 1998 - Providian lost appeal to prevent discharge of credi...Christine09-10-03  04:25 pm
Mahon v Credit Bureau of Placer County, 9th Circuit Court of Appeal...
Consumer claimed they didn't receive about 25 mailings from creditor and collector, AND the debt was valid. Of course the Court ruled for the collector.
Christine08-21-03  11:15 pm
July 21, 2003: Lexington is subject to Credit Repair ActChristine08-18-03  04:09 am
Arbitration Clause That Violates Protections Provided by TILA Not E...Christine08-18-03  01:45 am
8/17/03 - West's Case UpdatesChristine08-18-03  01:41 am
4/2/03 - Federal Judge in Illinois Rejects Settlement In Suit Again...Christine07-31-03  08:12 pm
6/22/02 - Harassment-Suit Participants To Get Refund From AttorneysChristine07-31-03  08:05 pm
12/02/2002: Another FDCPA attorneys fees disputeChristine07-24-03  03:17 pm
1/22/03: Michigan District Court Opinion on attorney fees.
A MUST read if consider hiring an attorney or just wondering what it costs to litigate.
Christine07-20-03  12:57 am
Credit repair: FTC, Plaintiff-Appellee, Gill and Murkey, Defendant...
9th Circuit Appeal: Interesting reading on credit repair
Christine Baker02-13-03  04:51 am
5/16/03: FTC complaint against NJ Check collectorsCbr06-06-06  06:12 pm
TranSouth conspired with Charlie Falk's Auto Wholesale, Inc., and J...Christine Baker05-08-03  07:49 pm
9th Circuit Appeal: Andrews v. TRW -- 3/2000
SOL for permissible purpose and ID theft issues!
Christine Baker02-13-03  05:51 am
MYERS and MCCALLON v. THE BENNETT LAW OFFICES,
9th Circuit Appeal: Jurisdiction and venue, FCRA, inquiry w/o permissible purpose
Christine Baker02-13-03  05:36 am
BASS v. ARROW FINANCIAL SERVICES
Arrow sued Bass TWICE, filing false certificates of service, and Arrow gets away with this?????????

FYI - if you talk to Cap One collections, you may be talking to an Arrow collector.
Christine Baker02-12-03  09:09 pm
FTC brief: THE FDCPA APPLIES TO THE COLLECTION OF DISHONORED CHECKSChristine Baker02-11-03  02:19 pm
BEZPALKO v. GILFILLAN, GILPIN & BREHMAN, et. al.
Patient stopped payment on doctor's check, NOT covered by FDCPA (Eastern District PA)
Christine Baker02-11-03  12:02 am
JAMES J. O'CONNOR v. TU
EASTERN DISTRICT OF PENNSYLVANIA
Christine Baker02-05-03  08:45 pm
FTC on Toby Nelson v. Chase Manhattan Mortgage Corporation, et al.
Landmark case establishing data furnisher liability - 9th Circuit Court of Appeals (West Coast)
Christine Baker02-05-03  04:44 pm
FTC settlement: creditor liable for collectors actions (American Fa...Christine Baker02-03-03  06:56 pm
Stronger UK credit legislationChristine Baker01-30-03  03:53 pm
An interesting article on FNMA and FHLMC riskChristine Baker01-30-03  03:45 pm
Updates on credit related legislationChristine Baker10-19-02  05:18 am
Household Held Liable in FDCPA Class ActionChristine Baker10-11-02  11:15 pm
Do NOT just sign that settlement agreement they send you - READ it!Christine Baker09-19-02  02:01 pm
Walls vs. WELLS FARGO BANK, N.A. discharged mortgage?Christine Baker08-19-02  03:43 am
"Defense Strategies in Fair Debt Collection Practices Act Litigatio...Christine Baker08-10-02  08:38 pm
The FDCPA and legal fees for collection attorneysChristine Baker08-10-02  08:46 pm
Pro Se suing in TX - $500 per violation as per TX State lawChristine Baker08-08-02  07:16 pm
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