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CEB Prac. Guide § 2A.16 -- Debts to which the FDCPA Apply - Definition of "Debt"

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District Court (Or.) Finds Consumer Consented to Be Called on Cellular Telephone under TCPA; Finds Aviation Educational Loan was “Consumer” Debt under FDCPA

by Scott J. Hyman |

In Smith v. Progressive Financial Services, Inc., 2013 WL 3995004 (D.Or. 2013), Judge McShane found that a student loan taken out to attend an aviation academy was still a ‘consumer’ debt under the FDCPA. Contrary to defendant's argument, “education” encompasses something broader than mere investment in pursuit of profit.   Brown v. Bd. of Ed. Of Topeka, Shawnee Cnty, Kan., 347… Read More

District Court (Cal.) Holds that Towing Charges Fail to Meet “Transaction” Requirement of FDCPA or “Credit” Requirement of Rosenthal Act

by Scott J. Hyman |

In Udo v. Kelkris Associates, Inc., 2012 WL 5985663 (S.D.Cal. 2012), Judge Gonzalez found that collection of towing charges did not meet the ‘transaction’ requirement of the FDCPA nor the “consumer credit” requirement of the Rosenthal Act. “As a threshold matter, a suit brought under the FDCPA must involve a “debt” within the meaning of the statute.” Fleming v. Picard,… Read More

District Court (Pa.) Finds Rental Car Contract and Property Damage Sought Thereunder Constitutes “Debt” Under FDCPA

by Scott J. Hyman |

In Yelin v. Swartz, 2011 WL 1103450 (E.D.Pa. 2011), Judge Buckwalter found that efforts to collect on a renter’s damage to a rental car constituted a ‘debt’ under the FDCPA, explaining:   In this case, Defendants argue that Plaintiff has failed to state an FDCPA claim because the money he owes does not qualify as a “debt” under the statute.… Read More

District Court (Cal.) Says FDCPA Not Applicable to Post-PIF Conduct

by Scott J. Hyman |

In Narog v. Certegy Check Services, Inc., --- F.Supp.2d ----, 2011 WL 70595 (N.D.Cal.), Judge Illston found that credit reporting activity occurring after a debt was paid-in-full did not trigger FDCPA issues, explaining:    It is clear from plaintiff's pleadings that he has alleged that a debt existed at one time. However, plaintiff complains only of acts or omissions relating… Read More

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