In Bahena v. Jefferson Capital Systems, the plaintiff alleged violations of the Wisconsin Consumer Act (“WCA”) and Fair Debt Collection Practices Act. The defendants brought a state-court debt collection action with no legal right to do so, because they had not provided the required notice of right to cure (“RTC”) before filing the suit. Pursuant […]
Burton v. Kohn Law Firm
The U.S. Court of Appeals for the 7th Circuit recently affirmed a ruling granting summary judgment in favor of a WI law firm. John H. Burton had sued Kohn Law Firm in federal court alleging that his rights under the FDCPA and WCA had been violated. Previously, Kohn, on behalf of Unifund CCR, had filed […]
7th Circuit Requires FDCPA Disclosures in E-Mail Communications
The FDCPA requires a debt collector to disclose certain information to a debtor in its “initial communication” or by sending a “written notice containing” the disclosures within five days after that “initial communication.” In Lavallee v. Med-1 Solutions, LLC, the Seventh Circuit affirmed summary judgment in favor of a debtor, rejecting the debt collector’s contention […]
Personal Property Administration fees are not subject to the F.D.C.P.A.
In Duncan v. Asset Recovery Specialists, Inc., 907 F.3d 1016 (7th Cir. 2018), the Court found in favor of a repossession company, ruling that the company did not violate the Fair Debt Collection Practices Act (FDCPA) by charging an administrative fee for the return of personal property from a vehicle they had repossessed on behalf […]
