New federal court collection rulings

Community Self Defense Q&ACategory: General CommentsNew federal court collection rulings
Edward Quinonez asked 2 weeks ago

Hello parker, I was just reading this rullings of federal court cases and they are disturbing, because if this is true then we as victims have no way to defend ourselves againt collection agencies... can you make a video on this new rulings, please!

Midland Funding, LLC v. Johnson (2017): The Court held that filing a proof of claim in bankruptcy proceedings for a time-barred debt does not violate the Fair Debt Collection Practices Act (FDCPA). The majority reasoned that such a claim is not "false," "deceptive," or "misleading" under the FDCPA, as the bankruptcy system allows for objections to stale claims. SUPREME COURT

2. Henson v. Santander Consumer USA Inc. (2017): The Court determined that entities purchasing defaulted debts and then collecting on them are not considered "debt collectors" under the FDCPA. This decision clarified that the Act's definition of a debt collector does not encompass companies collecting debts they own. ScOtUSBLOG

3. Obduskey v. McCarthy & Holthus LLP (2019): The Court ruled that businesses engaged solely in nonjudicial foreclosure proceedings are not "debt collectors" under the FDCPA, except for the limited purpose of §1692f(6). This means that such entities are generally exempt from the Act's broader requirements. SUPREME COURT

4. Rotkiske v. Klemm (2019): The Court held that the FDCPA's one-year statute of limitations begins when the alleged violation occurs, not when it is discovered. This decision emphasizes the importance of timely action by consumers who believe their rights under the FDCPA have been violated.

Edward Quinonez replied 2 weeks ago

Can you make a video about this, if this is all true, then we are all at the mercy of collection agencies

1 Answers
Brian Parker Staff answered 2 weeks ago

Most of the cases are too old as their age would indicate and have been over analyzed and I would not have anything practical (use on the site) to add or employ. Thank you kindly for thinking of me when offering video content but there are better sources vs. the utility of the video generally for me re-invent the wheel. BPP