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ARTICLE · 05 DECEMBER 2014

UDAAP Council Weekly UDAAP Standards Report - 12/03/14

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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.

Deceptive

  • A debtor failed to state a claim under Section 1692e of the Fair Debt Collection Practices Act where she alleged a debt collector had deceived her regarding her debt by sending her documents relating to another debtor's debt, because the facts showed that she was not actually confused by the documents. Salaimeh v. Messerli & Kramer, P.A., United States District Court for the District of Minnesota.
  • A debt collector's letter that appeared to offer information about a loan modification program but also stated it was an attempt to collect a debt would confuse the least sophisticated consumer and therefore the debtor stated a plausible claim for relief under Section 1692e of the Fair Debt

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