Fair Debt Collection Practices Act

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Background

A creditor may seek to collect an outstanding debt in several ways. However, because of “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors,” 15 U.S.C. § 1692, in 1978, Congress...

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The Fair Debt Collection Practices Act (“FDCPA”) governs debt-collection policies but also protects debt collectors who unintentionally violate the Act. A debt collector may avoid liability for an FDCPA violation by “show[ing] by a preponderance of...

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[Question(s) presented][Issue(s)][Facts][Discussion][Analysis]Issue

Whether a plaintiff who brings a good-faith claim under the FDCPA may be ordered to pay the defendant’s costs and attorney’s fees if they lose.

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Facts

In 2007, Petitioner...

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In 2014 Respondent, Aleida Johnson, filed for bankruptcy under Chapter 13 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Alabama. See Johnson v. Midland Funding, 823 F.3d 1334, 1335 (2016). Petitioner, Midland...

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In 2007, Petitioner Dennis Obduskey obtained a loan from Magnus Financial Corporation in the amount of $329,940 to purchase a home in Colorado. Obduskey v. Wells Fargo, 879 F.3d 1216, 1218 (10th Cir. 2018). Wells Fargo serviced the loan, which was...

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As Ohio’s chief law enforcement officer, the Attorney General (the “OAG”) is charged with collecting debts owed to state entities under Ohio law. Gillie v. Law Office of Eric A. Jones, LLC, 37 F. Supp. 3d 928, 931 (S.D. Ohio 2014). The OAG “may appoint...