Tag Archives: Debt Collection

Is Initiating a Non-Judicial Foreclosure "Debt Collection" Under the FDCPA?

In a recent decision (Maynard v. Cannon), the Tenth Circuit acknowledged, but declined to take a position on, the debate as to whether a non-judicial foreclosure constitutes “debt collection” under the Fair Debt Collection Practices Act (FDCPA). A non-judicial foreclosure can be initiated in certain jurisdictions by filing a notice of default with the applicable county … Continue reading this entry

Fourth Circuit Holds State Law Claims Preempted by FCRA Because Sloppy Recordkeeping and Repeated Mistakes Do Not Amount to Malice

In Ross v. Federal Deposit Insurance Corp., No. 08-1851, 2010 WL 4261819 (4th Cir. Oct. 29, 2010), the U.S. Court of Appeals for the Fourth Circuit affirmed the grant of summary judgment in favor of Washington Mutual Bank (“WaMu”) and against Charlotte Ross who alleged common law defamation claims, violations of the Fair Credit Reporting … Continue reading this entry