UDAAP Council Weekly UDAAP Standards Report - 3/11/2015

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 or Deceptive

• A debtor alleged that a debt collector's representation through its counsel in a collection case that it was entitled to 25 percent of the judgment as compensation for its fees violated Sections 1692e and 1692f of the Fair Debt Collection Practices Act, where the court used that representation to award 25 percent of the judgment as fees without proof that counsel had actually performed work justifying the fees. The Fourth Circuit affirmed the district court's dismissal of the debtor's claims, finding that the debtor's contract authorized the debt collector to recover fees in an amount up to 25 percent of the debt and where the debt collector's counsel was entitled under state court