FDCPA Archives

Jan 7, 2020

Plaintiffs Beware: You May Have Less Time Than You Think to Bring a FDCPA Claim

In a recent 8-1 decision, the United States Supreme Court resolved a circuit split in favor of debt collectors. Rotkiske v. Klemm[1] (Rotkiske III). Mr. Rotkiske brought suit on June 29, 2015 against Klemm & Associates (Klemm) for violation of the Fair Debt Collection Practices Act (FDCPA). Id. at *2. In September 2014, Mr. Rotkiske applied for a mortgage and learned that Klemm had an outstanding $1,500 default judgment against him. Id. In 2008, Klemm attempted service at Mr. Rotkiske’s previous address and learned that Mr. Rotkiske no longer lived there. Id. Klemm dropped the suit for failure to serve… Read more

Sep 27, 2017

Please Call Back: When is a Voice Mail from a Debt Collector Harassing?

An individual received a voice mail message from a debt collection company. The message stated the name of the company and that the call was from a debt collector, and asked that individual to call back at a particular number. She filed a lawsuit alleging that the voice mail was a harassing communication that violated the Fair Debt Collection Practices Act (“FDCPA”). In Hart v. Credit Control, LLC, Case No. 16-17126 (decided September 22, 2017), the United States Court of Appeals for the Eleventh Circuit addressed two issues about the application of the FDCPA to that voice mail message. First,… Read more

Jul 10, 2014

Attempting to Collect A Time-Barred Consumer Debt in Bankruptcy Violates the Fair Debt Collection Practices Act

Stanley Crawford owed a debt to a furniture company; but, that debt was unenforceable because collection was barred by the applicable state statute of limitations. Another party purchased that debt from the furniture company. When Mr. Crawford filed a Chapter 13 bankruptcy petition, the holder of that time-barred debt filed a proof of claim in bankruptcy court in an effort to collect that debt. Mr. Crawford alleged that the party that had filed the proof of claim violated the Fair Debt Collection Practices Act (FDCPA) by asserting a time-barred claim. United States Court of Appeals for the Eleventh Circuit concluded… Read more

Dec 20, 2012

Property Management Company is Not a “Debt Collector” Under the Fair Debt Collection Practices Act

In Harris v. Liberty Community Management, Inc., Case No. 11-14362 (decided December 19, 2012), the United States Court of Appeals for the Eleventh Circuit held that a property management company acting pursuant to a management contract with a homeowners association was not a “debt collector” subject to the Fair Debt Collection Practices Act (“FDCPA”) when it attempted to collect assessments on behalf of a homeowners association. The defendant property management company worked for a number of homeowners associations in Atlanta. The homeowners association at issue in the case had contracted with the company to manage the affairs of the homeowners… Read more