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

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

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks




