Louis J. Manetti Jr.
Showing 3 posts by Louis J. Manetti Jr..
Seventh Circuit Rules in Favor of a Debt Collector Regarding Steps to be taken in Compliance with the FDCPA and FCRA when a Debtor Disputes a Debt
Hinshaw obtained a significant ruling in the Seventh Circuit in Walton, which involved claims under both the FDCPA and the FCRA. The Defendant sent Deborah Walton a dunning letter, which stated she owed delinquent debt on an AT&T account. But the letter listed an invalid account number—the first three digits of the account number were transposed with the middle three digits. Walton called Defendant to dispute that the debt belonged to her, she acknowledged that her name and address were correct, but falsely denied that the last four digits of her social security number matched those given by the representative. Walton also sent a letter to Defendant asserting that she did "not own [sic] AT&T any money under the account number listed above." Defendant checked the information it had received from AT&T and sent Walton a letter reporting that, based on a records review, it had verified Walton's name, address, social security number, and the amount of the debt. Defendant also reported Walton's debt as disputed with two credit reporting agencies. Walton then disputed the debt to the credit reporting agencies, which triggered an ACDV[1] report to Defendant about Walton's dispute. The notice simply stated that the debt did not belong to her. More ›
Recent Illinois Court Decision Illustrates Pitfalls of Multiple Filings of a Mortgage Foreclosure Action
While Illinois mortgagees have the option of recouping delinquent mortgage loan debt through different types of lawsuits, the pursuit of this option can violate Illinois' prohibition on refiling the same cause of action. A recent decision illustrates the pitfalls of a mortgagee's numerous lawsuits filed on the same default and debt in reliance upon Illinois' savings statute. More ›
Mortgage Foreclosure Alert: Attaching Promissory Note in Illinois Sufficient to Show Standing; but HUD Letters Require Proof of Dispatch
In a foreclosure action, the Illinois Appellate Court recently held that the foreclosing lender established its standing by attaching the blank-indorsed note to its complaint, but reversed judgment and remanded for the trial court to determine if a letter required by the Secretary of Housing and Urban Development ("HUD") regulations was actually dispatched. More ›
Subscribe to this blog's feed
Follow us on TwitterTopics
- 1st Circuit Court of Appeals
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 4th Circuit Court of Appeals
- ACA
- Appellate Decisions
- Appointment Power
- Arbitration
- Arbitration Rule
- Attorneys' Fees
- Autodialer
- Automated Telephone Dialer Service
- Bankruptcy
- Bankruptcy Code
- Biometric Information Privacy Act
- BIPA
- Blockchain
- California
- California Court of Appeal
- Car Dealership
- CFPB
- Circuit Split
- City of Miami
- Class Action
- Class Action Fairness Act of 2005
- Class Certification
- Cole Memorandum
- Colorado
- Communications
- Compliance Audit
- Compliance Corner
- Congressional Review Act
- Consumer Financial Protection Act
- Consumer Financial Protection Bureau
- Consumer Protections
- Corporate Compliance
- Corporate Governance
- Craigslist
- Credit Report
- Cryptocurrency
- Cybersecurity
- D.C. Circuit Court of Appeals
- Damages
- Debt Buyers
- Debt Collection
- Debt Collector
- Debt Purchase
- Deceased Debtors
- Default Notice
- Department of Education
- Department of Financial Services
- DFS
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Education
- Electronic Communications
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Equal Opportunity Act
- FACTA
- Fair and Accurate Credit Transactions Act
- Fair Credit Billing Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Employment and Housing Act
- Fairness in Class Action Litigation Act of 2017
- FCBA
- FCC
- FCRA
- FDCPA
- Federal
- Federal Arbitration Act
- Federal Communication Commission
- Federal Housing Authority
- FHA
- Financial CHOICE Act
- Financial Regulatory
- Florida
- Florida Supreme Court
- Forbearance Agreement
- Foreclosure
- Foreclosure Sale
- FTC
- Hearsay
- HMDA
- Hobbs Act
- HUD
- Illinois
- Illinois Student Loan Bill of Rights
- Illinois Supreme Court
- IRS
- Kathleen Kraninger
- Legal Standing
- Legislation
- Litigation
- Loan Defaults
- Loan Modification
- Loan Servicing
- Maine
- Mandatory Arbitration
- Marijuana
- Massachusetts
- Massachusetts Land Court
- Massachusetts Supreme Judicial Court
- Materiality Requirement
- Medical Marijuana
- Monetary Damages
- Mortgage
- Mortgage Debt
- Mortgage Foreclosure
- Mortgage Loans
- New Jersey
- New York
- Notice of Proposed Rule Making
- NPRM
- Obama Administration
- OFAC
- Office of Foreign Assets Control
- Personal Jurisdiction
- Pre-Foreclosure Mediation
- Privacy
- Proposed Legislation
- Real Estate Settlement Act
- Regulatory Relief
- RESPA
- Reverse Mortgage
- Revocation Claims
- Rhode Island
- Rhode Island Supreme Court
- Richard Cordray
- RICO
- Right to Cure Notice
- S.A.F.E. Mortgage Licensing Act
- Safe-Harbor Provision
- SCOTUS
- Securities & Exchange Commission
- Seventh Circuit
- Statute of Limitations
- Statutory Interpretation
- Student Loans
- Students
- TCPA
- Telephone Consumer Protection Act
- Texting
- Third Circuit
- TILA
- Trump
- Trump Administration
- Truth in Lending Act
- UCC
- UDAAP
- Unauthorized Use
- Uniform Commercial Code
- United States Supreme Court
- United States Treasury
- Unsolicited Advertisement
- Voluntary Discontinuance
- Voluntary Dismissal
- Wisconsin
- Wisconsin Consumer Act