Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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4th Circuit: Filing Proof of Claim on Time-Barred Debt Did Not Violate FDCPA

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by filing proofs of claim in bankruptcy cases on debts that were time-barred by Maryland’s statute of limitations (SOL), a divided U.S. Court of...more

9/12/2016 - Bankruptcy Code Chapter 13 Consumer Bankruptcy Corporate Counsel Debt Buyers Debt Collection FDCPA Financial Sector Financial Services Industry Proof of Claims Statute of Limitations Time-Barred Debt

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

9/7/2016 - Article III ATDS Auto-Dialed Calls Banking Sector Consumer Lenders Debt Collection Debt Collectors Invasion of Privacy Prior Express Consent Robocalling Spokeo v Robins Standing TCPA

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

8/22/2016 - Article III Auto-Dialed Calls Banking Sector Corporate Counsel Debt Collection Dismissals Injury-in-Fact Popular Prior Express Consent Robocalling Standing TCPA

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

8/12/2016 - Appeals Corporate Counsel Debt Collection Debt Collectors Disclosure Requirements FDCPA Financial Sector Financial Services Industry Voicemail

Third Circuit Remands "Meaningful Attorney Involvement" Decision

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

8/5/2016 - Appeals Article III CFPB Debt Collection Debt Collectors FDCPA Financial Services Industry Injury-in-Fact Spokeo v Robins Standing Statutory Damages

CFPB Previews Debt Collection Rule in SBREFA Outline

The Consumer Financial Protection Bureau (CFPB) has moved a step closer to issuing a debt collection rule by releasing an outline of the proposals it is considering in preparation for convening a small business review panel....more

8/1/2016 - CFPB Debt Buyers Debt Collection Debt Collectors Dodd-Frank FDCPA Financial Sector SBREFA Small Business Third-Party Service Provider Time-Barred Debt

FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt

The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more

6/22/2016 - Corporate Counsel Debt Collection FCC Federal Loans FTC Loans Prior Express Consent TCPA

Modernize TCPA, ACA International Urges in White Paper

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

6/8/2016 - ATDS Debt Collection FCC Financial Sector Right to Privacy Robocalling TCPA Telecommunications Telemarketing Unsolicited Phone Calls

Seventh Circuit Refuses To Impose a Heightened Litigation Standard on Debt Collector

In St. John v. Cach, LLC, the U.S. Court of Appeals for the Seventh Circuit recently issued an opinion holding that the Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing collection...more

6/6/2016 - CFPB Consumer Lenders Corporate Counsel Debt Collection Debt Collectors FDCPA Litigation Strategies

New York DFS Brings Enforcement Action Against Two Debt Buyers for Collecting on Payday Loans

The New York Department of Financial Services (DFS) announced last week that it had entered into consent judgments with Webcollex LLC d/b/a CKS Financial (CKS) and National Credit Adjusters (NCA) for allegedly violating the...more

6/1/2016 - Civil Monetary Penalty Consumer Financial Products Debt Buyers Debt Collection FDCPA Financial Institutions NYDFS Online Marketplace Lending Payday Loans

FCC’s Proposed Regulations Would Gut TCPA Exception for Debts Owed to or Guaranteed by U.S.

The Bipartisan Budget Act of 2015 (Act) amended the Telephone Consumer Protection Act (TCPA) to remove the prior express consent requirement for calls ''made solely to collect a debt owed to or guaranteed by the United...more

5/13/2016 - ATDS Banking Sector Bipartisan Budget Cell Phones Comment Period Debt Collection FCC Federal Loans Mortgages NPRM Prior Express Consent TCPA

TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

4/18/2016 - ATDS Bipartisan Budget Cell Phones Debt Collection Exemptions FCC Federal Loans Federal Student Loans Popular Retroactive Application TCPA

Second Circuit Resolves Lower Court Split over Interest and Late Fees in FDCPA Claims

When a consumer's current balance will increase over time due to interest and late fees, a debt collection notice must disclose this information, the U.S. Court of Appeals for the Second Circuit has ruled. In Avila v....more

4/8/2016 - Debt Debt Collection Disclosure Requirements FDCPA Financial Sector Interest Rates Late Fees Safe Harbors

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

4/1/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cell Phones CFPB Corporate Counsel Debt Collection Debt Collectors Facebook FDCPA FTC Popular Risk Management Social Media TCPA Text Messages

FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions

A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more

3/16/2016 - Auto-Dialed Calls Corporate Counsel Debt Collection Exemptions FCC IRS NPRM Popular Prior Express Consent Robocalling TCPA

FTC Gets 3 Million Consumer Complaints in 2015

The Federal Trade Commission (FTC) received more than 3 million consumer complaints in 2015 with debt collection topping the list, according to its newly released Consumer Sentinel Network Data Book. The annual report, which...more

3/8/2016 - CFPB Consumer Complaint Database Corporate Counsel Debt Collection FTC Identity Theft Sweepstakes Telecommunications

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

2/29/2016 - Auto-Dialed Calls Cell Phones Corporate Counsel Debt Collection FCC Health Care Providers Popular Prior Express Consent Putative Class Actions Summary Judgment TCPA

Voicemail Messages on Debtor's Phone Did Not Violate FDCPA, Federal Court Rules

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message on a cell phone shared by the debtor with her boyfriend because it was not reasonably foreseeable that he would...more

2/23/2016 - Cell Phones Corporate Counsel Debt Collection FDCPA Voicemail

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTC Act

Maryland Licensing Threat to Bank Partner Model to be Reviewed by Court of Appeals

The Maryland Court of Appeals, the state’s highest appellate court, last week agreed to review an October 2015 Maryland Court of Special Appeals (MCSA) decision that illustrated how the bank partner structure used by many...more

12/23/2015 - Appeals Banking Sector CashCall Debt Collection Online Marketplace Lending

Eighth Circuit Dismisses FDCPA Claims Based on Affiant’s Alleged False Attestation of Personal Knowledge

The U.S. Court of Appeals for the Eighth Circuit recently ruled that a plaintiff’s allegation that an affiant had falsely attested to having personal knowledge of the facts alleged in a debt collection complaint was...more

12/2/2015 - Debt Collection False Statements FDCPA Putative Class Actions

Envelope’s Display of Internal Tracking Number Does Not Violate FDCPA, New York Federal Court Rules

A federal district court in New York has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed an internal tracking...more

11/19/2015 - Corporate Counsel Debt Collection FDCPA FTC Motion for Judgment

Bipartisan Budget Act Creates New TCPA Exemptions

Prior to the amendment, these calls would have been prohibited absent the recipient’s prior express consent if placed to a cellular telephone and if they were made by an automatic telephone dialing system or included an...more

11/9/2015 - Bipartisan Budget Cell Phones Corporate Counsel Debt Collection Prior Express Consent Robocalling TCPA

FDCPA “Communication” Must Imply Existence of a Debt, Sixth Circuit Rules

A voicemail message should not be considered a “communication” that is actionable under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled, unless the message at least...more

11/2/2015 - Appeals Debt Debt Collection Debt Collectors FDCPA Financial Institutions Voicemail

NY Amends Debt Collection Regulations, Issues More Guidance

The New York Department of Financial Services (DFS) has amended several provisions of its Third-Party Debt Collector and Debt Buyer Regulations and issued additional guidance in the form of new frequently asked questions...more

9/9/2015 - Borrowers Consumer Financial Contracts Consumer Lenders Creditors Debt Buyers Debt Collection Debt Collectors FDCPA NYDFS Third-Party Agents

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