In Kuntz v. Rodenburg LLP, No. 15-2777, - F.3d -, 2016 WL 5219884 (8th Cir. Sept. 22, 2016), the Eighth Circuit held that a law firm hired to collect a debt did not violate § 1692b(3) of the Fair Debt Collection Practices Act ("FDCPA") when it made multiple calls to a third party to obtain information about the debtor.[1] Section 1692b(3) prohibits debt collectors from communicating more than once with a person other than the debtor ("third party") in order to obtain information about the debtor's location unless the third party requests to be contacted or the debt collector "reasonably ...
In Hartman v. Smith, --- F.3d ---, 2013 WL 4407058 (8th Cir. 2013), the Court of Appeals for the Eight Circuit extended its prior holding and held that a borrower must file suit before foreclosure to exercise his or her right of rescission under the TILA. Plaintiffs RogerHartman, Mavis Hartman, and Maul Lee Hartman filed suit against defendants alleging violations of the TILA and state law. The district court granted summary judgment in favor of defendants on plaintiffs' TILA rescission claim and various state law claims, and the jury found for defendants on the remaining claims ...
In Charvat v. Mutual First Federal Credit Union, 2013 WL 3958300 (8th Cir. Aug 2, 2013), the Eighth Circuit Court of Appeals held that actual damages in the form of an economic injury is not required to confer standing under the Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. § 1693. The plaintiff sought statutory damages in a putative class action, alleging that the defendants failed to provide the required notices on their ATM's before charging him a transaction fee for withdrawing cash. The EFTA prohibits charging a transaction fee unless the ATM provides notice of the fee on both ...