Can a debt collector's action be "misleading" or "unfair" under section 1692e of the Federal Trade Code?

MultiRegion, United States of America

The following excerpt is from Ruvalcaba v. Ocwen Loan Servicing, LLC, Case No. 15-cv-744-BAS-DHB (S.D. Cal. 2016):

"While 'misleading' practices under 1692e and 'unfair' practices under 1692f reference separate categories of prohibited conduct, they are broad, potentially overlapping, and are not mutually exclusive. A debt collector's action could be 'misleading' under 1692e, 'unfair' under 1692f, or, as alleged here, both. The distinct characteristics of 1692e and 1692f can also confirm one another." Currier v. First Resolution Inv. Corp., 762 F.3d 529, 536 (6th Cir. 2014).

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)

What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)

Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)

What is the test for determining whether a defendant is liable under Section 1983 of the Federal Trade Code for failing to comply with the Trade Union Guidelines? (MultiRegion, United States of America)

Does Section 2254(e)(2) of the Criminal Code require additional evidence under section 2254 of the Civil Code to support a claim of sexual assault? (MultiRegion, United States of America)

Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)

Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)

What are the elements involved in a violation of section 1341 of the Federal Trade Code? (MultiRegion, United States of America)

Can a class action under F.R. 23(b)(3) of the Federal Trade Act include claims not otherwise assertable in the federal court? (MultiRegion, United States of America)

Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)

Can a debt collector's action be "misleading" or "unfair" under section 1692e of the Federal Trade Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources