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ARTICLE · 31 OCTOBER 2014

UDAAP Council Weekly UDAAP Standards Report - 10/29/2014

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

United StatesConsumer Protection
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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.

Unfair

  • A plaintiff stated claims under Sections 1692e(5) and 1692e(2)(A) of the Fair Debt Collection Practices Act (FDCPA) when a debt buyer misrepresented the amount of the debt owed in a state lawsuit filed against her. The court held that the FDCPA governs debt collection in or out of court and does not allow debt collectors to use litigation as a vehicle for abusive and unfair practices. Stratton v. Portfolio Recovery Associates, LLC, United States Court of Appeals for the Sixth Circuit.

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