From the Editor - Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA, RESPA and the Illinois Consumer Fraud and Deceptive Business Practices Act by treating account as delinquent after Chapter 13 debtor had cured arrears, brought account current and obtained discharge. The servicer mistakenly marked the Chapter 13 case as dismissed rather than discharged and continued collection efforts. A jury awarded $582,000 compensatory damages and $3 million punitive, but the Seventh Circuit concluded that the ratio of punitive damages was excessive, finding that maximum punitive damages would . . .

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The Academy

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