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Update on the Fair Debt Collection Practices Act and the Eighth Circuit Court of Appeals

By · October 14, 2005 · 2005 Ark. L. Notes 400
In categories: Archive

I last wrote on the Fair Debt Collection Practices Act in 2001. In this article I am going to briefly discuss some of the Eighth Circuit cases that have come down since then. Since a number of cases have come down, I was planning to devote a number of pages to this discussion. As it turned out, however, few of the cases are worth mentioning. Several are not designated for publication. Others are not establishing helpful guidelines to follow. Below is a quick discussion of the cases that are more interesting. I was hoping I had some basis for arguing that the decisions are wrongly decided. However, this is not the approach here. One observation is warranted, I think. In my 1996 article, I noted that there was a trend nation-wide that when plaintiff’s claims were dismissed at the trial level or in summary judgment these decisions were often reversed on appeal. That has not been the case since 2001. Since 2001, when a case was dismissed or summary judgment was entered for the Debt Collector this was affirmed by the Eighth Circuit. Does this suggest an increase of conservative thought on the bench? I do not think so. But you will see based on my discussion on the cases below that a number of them could have come out on the other side.

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