Entries by Christopher Iaria

Federal Court Finds | Key Points

The Northern District of Indiana recently dismissed a lawsuit against a mortgagee/servicer (“Newrez”) finding three letters sent by Newrez, a debt collector, regarding lender-placed insurance did not constitute “communication…‘made in connection with the collection of any debt’” under § 1692 of the Fair Debt Collection Practices Acti. Mohr v. Newrez, LLC, No. 2:19 CV 150, […]

FEDERAL COURT FINDS CORRESPONDENCE PERTAINING TO LENDER-PLACED INSURANCE DID NOT VIOLATE § 1692e OF THE FDCPA

The Northern District of Indiana recently dismissed a lawsuit against a mortgagee/servicer finding correspondence sent by the lender, a debt collector, regarding lender-placed insurance did not constitute “communication…‘made in connection with the collection of any debt’” under § 1692 of the Fair Debt Collection Practices Act. Mohr v. Newrez, LLC. (quoting 15 U.S.C. §§ 1692c(a)-(b), […]

COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM

This month the Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of an FDCPA case filed by Gustav Buchholz (“Buchholz”), a debtor, against Meyer Njus Tanick, PA (“MNT”), a law firm engaged in debt collection activities. Buchholz v. Meyer Njus Tanick, PA. Buchholz was behind on payments on two credit cards, so MNT […]

COURT PROVIDES FAVORABLE GUIDANCE | Key Points

The Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of an FDCPA case filed by Gustav Buchholz (“Buchholz”), a debtor, against Meyer Njus Tanick, PA (“MNT”), a law firm engaged in debt collection activities. Buchholz v. Meyer Njus Tanick, PA, 18-2261, 2020 WL 35431, at *1 (6th Cir. Jan. 3, 2020). Buchholz was […]