Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 2A.29 -- Communications with the Debtor -- Cessation of Communications with Debtor -- Imputed Knowledge

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Cal.) Grants Summary Judgment to Succession of Debt Collectors

by Scott J. Hyman |

In Finley v. Dynamic Recovery Solutions, LLC, 2015 WL 5728307 (N.D. Cal. 2015), Judge Henderson granted summary judgment to a succession of debt collection agencies based on the staleness of the claim and the lack of imputed knowledge to the latter agencies that the debtor was represented by counsel. The facts were as follows: In June of 2001, banks and… Read More

District Court (Minn.) Holds that FDCPA “Notice of Representation” Requires Notice AND Ascertainability of Attorney; But Also Holds that Debtor Need Not Provide Cease-and-Desist Down the Chain of Assignment from One Debt Collector to the Next

by Scott J. Hyman |

In Taufen v. Messerli & Kramer, P.A., 2014 WL 668019 (D.Minn. 2014), Judge Frank held that an FDCPA plaintiff seeking to prove that a “Notice of Representation” was violated under 15 U.S.C. § 1692c(a)(2) must prove both that a Notice of Representation was given and that the attorney’s name was reasonably ascertainable. Even if the Court were to conclude that… Read More

District Court (Ka.) Says 56 Calls in 3 Months Not Too Many under FDCPA

by Scott J. Hyman |

In Lynch v. Nelson Watson & Associates, LLC, 2011 WL 2472588 (D.Kan. 2011), Judge Melgren held that 56 calls in a 3 month period was not too many under the FDCPA.    In this case, the Court finds there is no evidence of an unacceptable pattern of calls. The record is lacking any indicia of the type of egregious conduct… Read More

Northern District Says Creditor’s Knowledge of Debtor Representation Not Imputed to Debt Collector

by Scott J. Hyman |

In Offril v. J.C.Penney, Inc., 2009 WL 69344 (N.D.Cal. 2009), Judge Hamilton held that notice by a consumer to a creditor that it was represented by counsel did not, for purposes of the FDCPA, constitute notice to the collection agency hired by the creditor to collect the debt.  Judge Hamilton explained:  Although plaintiff did not allege or argue that JC Penny's actual knowledge of… Read More