Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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New York Proposes Additional Reforms To Protect Consumers in Collection Lawsuits

For the second time in less than a year, the New York State Unified Court System has proposed affidavits that a plaintiff would be required to execute and file before seeking a default judgment in a consumer credit collection...more

5/8/2014 - Debt Collection Debt Collectors

W.Va. Requires Time-Barred Debt Disclosures in ‘Initial Written Communication’

The West Virginia Legislature recently passed H.B. 4360, which amended Section 46A-2-128 of the West Virginia Code, that defines what constitutes unfair or unconscionable debt collection activities. The amendments are...more

4/17/2014 - Debt Debt Collection Disclosure Requirements UDAAP

Collection Letter Requiring Written Dispute Violated FDCPA, Fourth Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because it stated that the debtor could only dispute the debt in writing, the U.S. Court of Appeals for the Fourth Circuit has ruled. The Fourth...more

2/7/2014 - Debt Collection FDCPA

Eleventh Circuit Considers Permissibility under FDCPA of Percentage-Based Debt Collection Fees

In a per curiam decision last week, the U.S. Court of Appeals for the Eleventh Circuit suggested that percentage-based debt collection fees are permissible under the Fair Debt Collection Practices Act (FDCPA) if they are...more

1/7/2014 - Collection Agencies Contract Drafting Debt Buyers Debt Collection FDCPA Fees

New York Attorney General Announces Settlement with Debt Collector of Payday Loans

A settlement with the operator of five Buffalo-area debt collection companies announced on November 21, 2013, by New York Attorney General Eric T. Schneiderman marks the latest chapter in the Attorney General's targeting of...more

12/2/2013 - Attorney Generals Debt Collection Debt Collectors FDCPA Payday Loans Settlement

CFPB debt collection ANPR demands industry attention

The Advance Notice of Proposed Rulemaking (ANPR) on debt collection issued by the CFPB earlier this week solicits comments on an array of issues relating to the debt collection practices of third-party debt collectors and...more

11/8/2013 - CFPB Creditors Debt Collection Dodd-Frank FDCPA

CFPB launches debt collection rulemaking process

Just after midnight last night, the CFPB took a significant step towards the issuance of debt collection regulations by releasing an Advance Notice of Proposed Rulemaking (ANPR). The ANPR seeks comment on an array of issues...more

11/6/2013 - CFPB Debt Collection Debt Collectors

New York City Brings Enforcement Action against National Debt Collector

The New York City Department of Consumer Affairs (DCA) recently filed an enforcement action to enjoin National Credit Adjusters, LLC, a national debt collector, from collecting debts in the City. The DCA had rejected the...more

11/1/2013 - Cease and Desist Debt Collection Enforcement Actions Licenses Payday Loans

New York DFS Seeks Stronger Court Rules for Default Judgments in Collection Actions

A proposal by the New York Department of Financial Services (DFS) would substantially drive up the costs of bringing consumer debt collection actions in the state. The DFS is seeking stronger court rules for obtaining default...more

10/25/2013 - Debt Collection Default Judgment Financial Services Authority

FTC Settles First Case Challenging Debt Collector’s Use of Text Messages

The Federal Trade Commission recently announced that it had settled a case representing its first action challenging a debt collector’s use of text messages. In its complaint, the FTC alleged that the defendant debt...more

10/4/2013 - Debt Collection FDCPA FTC TCPA Texting

Debt collection regulations and more enforcement on horizon

The CFPB is poised to further ramp up its oversight of the debt collection industry. According to a Bloomberg report by Carter Dougherty, Director Cordray said in an interview earlier this week that the CFPB “will be looking...more

9/6/2013 - CFPB Debt Collection Enforcement FDCPA

New York Proposes Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) has proposed new regulations that would impose significant disclosure and other requirements on persons engaged in the collection of consumer debts....more

8/13/2013 - Debt Debt Collection Disclosure Requirements FDCPA Proposed Regulation

OCC Signals Increased Agency Attention to Debt Sales

The Office of the Comptroller of the Currency (OCC) has made clear that all national banks and federal savings associations can expect increased scrutiny of their debt sales practices, as well as supervisory guidance...more

7/19/2013 - Banks Debt Debt Collection OCC Sales

Senate hearing on debt industry focuses on documentation and medical debts

Collection documentation and medical debts proved to be the focus of much of yesterday’s Senate Banking Committee hearing on the debt industry. The witnesses were Corey Stone, CFPB Assistant Director, Office of Deposits,...more

7/19/2013 - CFPB Debt Debt Collection Documentation FDCPA FTC Medical Expenses TILA UDAAP

CFPB Targets Debt Collection in New UDAAP Bulletins, Complaint System, Consumer Action Letters

The Consumer Financial Protection Bureau made clear that debt collection continues to be a major focus by issuing two new bulletins and five action letters for consumers to use when responding to debt collectors....more

7/11/2013 - CFPB Compliance Consumer Complaint System Debt Debt Collection Dodd-Frank FDCPA Harassment UDAAP

Report by consumer group attacks debt collection industry

It’s not necessary to read more than the cover page to know that the debt collection industry does not fare well in the report issued this week by the New Economy Project (NEP). The cover page reads: “The Debt Collection...more

6/14/2013 - CFPB Debt Collection Default Judgment FTC Proposed Legislation Required Documentation

Collection Letter Requiring Written Dispute Violated FDCPA, Second Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because it stated that the debtor could only dispute the debt in writing, the U.S. Court of Appeals for the Second Circuit has ruled....more

6/7/2013 - Debt Collection Debtors FDCPA Writing Requirement

CFPB/FTC target debt collection data in June 6 roundtable

The CFPB and FTC have announced that they will co-host a roundtable on June 6, 2013 in Washington, D.C. to examine the flow of consumer data throughout the debt collection process. Titled “Life of a Debt: Data Integrity in...more

5/6/2013 - CFPB Debt Collection FTC Roundtable

CFPB Issues Second Annual Report on FDCPA Activities

The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013....more

3/27/2013 - CFPB Debt Collection Dodd-Frank FDCPA FTC

Collection Letter Inviting Debtor To Call Toll-Free Number Violated FDCPA, Third Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because its invitation to call a toll-free number could be read by the “least sophisticated debtor” to permit the debt to be effectively disputed by...more

3/14/2013 - Debt Collection Debtors FDCPA Notice Requirements

Sixth Circuit Rejects Nationwide Settlement of Robo-Signing Class Actions

A nationwide settlement of three class actions involving claims that a creditor’s practice of using “robo-signed” affidavits in debt collection actions violated the Fair Debt Collection Practices Act (FDCPA) has been...more

3/12/2013 - Class Action Debt Collection FDCPA Robo-Signing

FTC Continues To Target Debt Collectors and Debt Relief Companies

The Federal Trade Commission’s continuing focus on the debt collection and debt relief industries was clearly demonstrated by several recently announced lawsuits and settlements....more

2/11/2013 - CFPB Debt Collection Debt Collectors Debt Settlement Services Debt-Relief Industry FDCPA FTC Section 5 Telemarketing Sales Rule

FTC Issues Debt Buying Industry Study

The Federal Trade Commission has issued a report, The Structure and Practices of the Debt Buying Industry, which the FTC has described as “the first of its kind” empirical study of debt buyers. ...more

2/1/2013 - CFPB Debt Debt Buyers Debt Collection FTC

CFPB semiannual regulatory agenda: missing items and other mysteries

The CFPB has issued its semiannual regulatory agenda which identifies seven regulatory matters that the CFPB “reasonably anticipates” having under consideration during the period from October 1, 2012 to October 1, 2013....more

1/14/2013 - CFPB Debt Collection Dodd-Frank EFTA Regulatory Agenda TILA

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