Defendant's Attorney: No appearnce

Description: Chicago, Illinois consumer credit lawyers represented the Plaintiff who sued the Defendants on a 15:1692 Fair Debt Collection Act violation theory.

"The Fair Debt Collection Act (FDCA) is a federal law that protects consumers from unfair, deceptive, and abusive debt collection practices. The FDCA applies to all debt collectors, including third-party debt collectors, attorneys who collect debts on behalf of others, and original creditors who collect debts in-house.

Key Provisions of the Fair Debt Collection Act

The FDCA prohibits debt collectors from engaging in a number of unfair, deceptive, and abusive debt collection practices. These practices include:

Misrepresenting the amount of the debt: Debt collectors are prohibited from misrepresenting the amount of the debt owed. This includes stating that the debtor owes more money than they actually do, or that the debt is past the statute of limitations.
Using false, misleading, or deceptive language: Debt collectors are prohibited from using false, misleading, or deceptive language when communicating with consumers. This includes using threats, intimidation, or coercion.
Calling at unreasonable times: Debt collectors are prohibited from calling consumers before 8:00 AM or after 9:00 PM, unless the consumer agrees to the call.
Calling at inconvenient places: Debt collectors are prohibited from calling consumers at work if they know the employer prohibits such calls.
Disclosing the debt to third parties: Debt collectors are prohibited from disclosing the debt to third parties, such as friends, family, or employers, without the consumer's permission.
Contacting the debtor after the debt has been discharged in bankruptcy: Debt collectors are prohibited from contacting the debtor after the debt has been discharged in bankruptcy.
Failing to verify the debt: Debt collectors are prohibited from attempting to collect a debt that they know is not valid.
Failing to provide the debtor with written notice of their rights: Debt collectors are prohibited from failing to provide the debtor with written notice of their rights under the FDCA, including the right to dispute the debt and the right to seek legal assistance.
Failing to provide the debtor with a validation notice: Debt collectors must provide the debtor with a validation notice within five days of their first communication with the debtor. The validation notice must inform the debtor of the amount of the debt, the name of the creditor, and the basis for the debt.

Remedies for FDCA Violations

If a debt collector violates the FDCA, the consumer may be able to recover damages. These damages may include actual damages, statutory damages of up to $1,000 per violation, and attorneys' fees.

How to File a Complaint

If you believe that a debt collector has violated the FDCA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB will investigate your complaint and, if it finds that the debt collector violated the FDCA, it may take enforcement action against the debt collector."

Google Bard

Outcome: MINUTE entry before the Honorable Sharon Johnson Coleman: The parties have reached a settlement in this case 8 . The Court therefore dismisses the case without prejudice for 30 days, after which the order will convert to dismissal with prejudice. Status hearing set for 11/29/2023 is stricken. Civil case terminated. Mailed notice. (ym) (Entered: 11/28/2023)

Plaintiff's Experts:

Defendant's Experts:

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