Every week, courts around the United States issue decisions
addressing aspects of civil UDAAP claims.
In an effort to illuminate the UDAAP standards, below is a
sampling of some of this week's UDAAP decisions on the meaning
of unfair, deceptive, and abusive.
Deceptive
Plaintiff alleged a loan servicer made false reports to three
credit reporting agencies and used debt collection methods
prohibited by the Fair Debt Collection Practices Act (FDCPA). The
court found the plaintiff stated a claim under 1692g(b) of the
FDCPA where she alleged she provided the servicer with a notice of
dispute, but the servicer continued to attempt to collect the debt
despite not having proved the existence of the debt as required by
the FDCPA. However, the plaintiff could not state a claim under
1692d, 1692e(8), and 1692f because, for each, she failed to provide
specific facts in connection with the alleged violations, like when
or by what means the servicer made the alleged
