50 Questions
In Wisconsin, which law governs the protection of certain assets from creditors?
Exemptions (815.18)
Which chapter of the Wisconsin law pertains to Judgment Lien?
Chapter 806
What type of bankruptcy involves the liquidation of assets to repay creditors?
Chapter 7 Bankruptcy
Which law governs the fair and accurate reporting of consumer credit information?
Fair Credit Reporting Act
What does Wisconsin Statute § 995.50 recognize?
The right of privacy
What are the remedies for violating the right to privacy under Wisconsin statutory law?
Equitable relief, compensatory damages, and recoverable attorney's fees
What is not eligible for recovery under the right to privacy law?
Religious affiliation
In what situation can privacy interests outweigh public interest in open records requests?
When revealing the information threatens personal privacy or safety
What did the case example, Poston v. Burns, involve?
A dispute between neighbors
What did the defendants allegedly violate in the case of Poston v. Burns?
WIS. STAT. § § 995.50(2)(a) by recording personal conversations within the plaintiffs' home
What was the ruling of the lower court in the case of Poston v. Burns?
Against the plaintiffs
What did the appeals court do regarding the ruling of the lower court in the case of Poston v. Burns?
Did not affirm the ruling
What does the Fair Debt Collection Practices Act (FDCPA) allow creditors to do?
Seek debt collection through various means
What types of damages can be recovered for violating the right to privacy?
Equitable relief and compensatory damages
What is not affected by the right to privacy law?
Public records
What can satisfy the publicity element of an invasion of privacy claim?
Disclosure of private information to one person or a small group
Which provision of bankruptcy law focuses on providing people with the means to access and correct errors on their credit reports?
Fair Credit Reporting Act
In bankruptcy law, what specific case is discussed in relation to legal provisions such as In Re Ritchie and Citizens Bank v. Strumpf?
In Re Ritchie
What is the focus of usury laws mentioned in the text?
Regulation of interest rates
Which aspect of bankruptcy law addresses the requirements for a Chapter 13 plan?
Chapter 13 plan
What does the Fair Credit Reporting Act primarily focus on?
Privacy concerns and potential abuses related to credit reporting
Which element of bankruptcy law involves the disallowance and estimation of claims in bankruptcy cases?
Claims
What does §722 redemption and ride thru specifically relate to in bankruptcy law?
§722 redemption and ride thru
What is the primary focus of the means test in bankruptcy law?
Means test
In bankruptcy law, what is the emphasis of the automatic stay?
Automatic stay
What is the primary focus of exemptions in bankruptcy law?
Exemptions
In bankruptcy law, what does the term 'reaffirmation agreements' primarily refer to?
Reaffirmation agreements
What is the focus of the discharge of debts in bankruptcy law?
Discharge of debts
Under the Wisconsin Consumer Act (WCA), what is required to prove a violation?
Intent
In Wisconsin, can creditors collect from a debtor's spouse under the WCA?
Yes, they can
What type of damages can debtors recover for WCA violations in Wisconsin?
Actual damages, emotional distress damages, and attorney's fees
According to the Wisconsin Invasion of Privacy Statute, how many types of privacy violations are outlined?
Four
What did the First of Omaha ruling exempt federally incorporated banks from?
State usury laws
Are creditors in Wisconsin required to report disputed debts to credit agencies to comply with WCA?
Yes, they are required
What ruling exempts federally incorporated banks from state usury laws?
First of Omaha ruling
In Wisconsin, is there a specific limit on creditor contacts under the WCA?
No specific limit, but excessive calls can be considered harassment
Can invasion of privacy lead to legal action against violators in Wisconsin?
Yes, it can
Is the right to privacy interpreted as a federal right in the United States?
Yes, it is interpreted as a federal right
Can creditors in Wisconsin forgive debt if the WCA is violated?
Yes, they can forgive debt
What penalties can be imposed if the WCA is violated in Wisconsin?
Legal action, reimbursing debtor, and forgiving debt
What is the statute of limitations for a FDCPA violation?
One year from the time of the offense
Where is the venue for FDCPA actions involving real property considered proper?
All of the above
What damages are available for FDCPA violation?
Up to $1,000 in damages
What does the bona fide error defense protect debt collectors from?
Unintentional violations
Under which statute does the Wisconsin Consumer Act (WCA) have a bona fide error defense?
Wis. Stat. 425.301
What was the primary issue in the Heintz v. Jenkins case?
Definition of 'debt collector' under the FDCPA
In the Heintz v. Jenkins case, what did the Supreme Court rule regarding lawyers and the FDCPA?
Lawyers can be considered 'debt collectors' under the FDCPA
What was the issue in the Bartlett v. Heibl case?
Violation of FDCPA through an overly confusing collection letter
How did the Seventh Circuit resolve the issue of confusing collection letters in the Bartlett v. Heibl case?
By creating a 'Model Debt Collection Letter' for attorneys to use
Can the 'Model Debt Collection Letter' from the Seventh Circuit be customized by attorneys?
Yes, by changing names and amounts for debt collection purposes
Study Notes
Fair Debt Collection Practices Act (FDCPA) Summary
- Venue for FDCPA actions involving real property is proper where the property is located or where the consumer signed the contract or resides.
- Available damages for FDCPA violation include actual damages and other damages up to $1,000.
- Attorney's fees are recoverable by the debtor as reasonably calculated by the court to incentivize attorneys to bring actions.
- Bona fide error defense protects debt collectors from liability if the violation was unintentional and resulted from a bona fide error.
- Wisconsin Consumer Act (WCA) also has a bona fide error defense under Wis. Stat. 425.301.
- Statute of limitations for a FDCPA violation is one year from the time of the offense.
- Heintz v. Jenkins case involved a FDCPA suit against a lawyer for representing the debt collector in a loan recovery case.
- Primary issue in Heintz v. Jenkins was whether the term "debt collector" in the FDCPA applies to a lawyer regularly trying to collect consumer debts through litigation.
- Supreme Court ruled that lawyers can be considered "debt collectors" under the FDCPA, as they regularly attempt to collect consumer debts through legal proceedings.
- Bartlett v. Heibl case involved a violation of the FDCPA through an overly confusing collection letter demanding payment within 30 days and the right to contest the amount.
- The Seventh Circuit resolved the problem of confusing collection letters by creating a "Model Debt Collection Letter" for attorneys to use.
- The "Model Debt Collection Letter" from the Seventh Circuit can be customized by attorneys by changing names and amounts for debt collection purposes.
Test your knowledge of the Fair Debt Collection Practices Act (FDCPA) with this quiz. Explore key aspects such as venue for FDCPA actions, available damages, attorney's fees, bona fide error defense, statute of limitations, and significant legal cases like Heintz v. Jenkins and Bartlett v. Heibl.
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