Justin Penn Analyzes in ARM Compliance Digest: Judge Dismisses FDCPA Claims in Long-Running Student Loan Case
In The News | 1 min read
Oct 8, 2024
In the October 7, 2024, issue of the ARM Compliance Digest, Hinshaw partner Justin Penn discussed a recent Washington District Court motion to dismiss a ruling involving a Fair Debt Collection Practices Act (FDCPA) lawsuit brought by a plaintiff who had previously declared bankruptcy and listed the defendants as creditors.
Penn highlighted two key points: not every failed collection effort warrants an FDCPA claim, and plaintiffs cannot contradict positions that benefited them in bankruptcy court. This ruling is seen as beneficial for those defending against FDCPA litigation related to collection lawsuits.
Penn writes:
Too often, the ARM industry finds itself defending federal litigation that arises out of unsuccessful state court collection lawsuits, and this case is helpful in at least two ways. First, it supports the notion that not all failed collection litigation should result in an FDCPA claim.
Second, the court rejected the consumers’ shape-shifting positions from the bankruptcy court to the district court, correctly holding they were precluded from taking positions contrary to those from which they previously benefitted. These concepts should be kept in mind when defending FDCPA litigation arising out of underlying collection lawsuits.
Read the full October 7, 2024 edition of the AccountsRecovery.net Compliance Digest.
- "Judge Dismisses FDCPA Claims in Long-Running Student Loan Case" was published by ARM Compliance Digest on October 7, 2024.
Related People
Related Capabilities
Featured Insights

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers




