Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

A federal district court in Florida 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 a barcode in which the...more

11/10/2016 - Article III Corporate Counsel Debt Collection Debt Collectors FDCPA Financial Sector Financial Services Industry Injury-in-Fact Spokeo v Robins Standing

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

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

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

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

Court: Debt Collector's Implicit Suggestion that Consumer Should Make Payment Within Dispute Period Violates FDCPA

A debt collector's implicit suggestion that a consumer should make a payment before the end of the 30-day dispute period violated the Fair Debt Collection Practices Act (FDCPA), a federal court in Missouri has ruled. In...more

2/22/2016 - Debt Collectors FDCPA Summary Judgment

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

Court: Debtor Cannot Use FDCPA as Enforcement Mechanism for Arbitration Provision

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it filed a summary judgment motion in a collection action after the debtor had sought enforcement of a credit card agreement’s arbitration...more

10/14/2015 - Arbitration Arbitration Agreements Consumer Financial Products Credit Cards Debt Collectors FDCPA Financial Institutions Summary Judgment

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

Limited Liability Company Can Sue as “Person” Under FDCPA, Sixth Circuit Rules

A limited liability company is a “person” that can file a lawsuit under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled. In Anarion Investments LLC v. Carrington...more

8/14/2015 - Appeals Civil Liability Debt Collectors FDCPA Financial Institutions Foreclosure FTC Homeowners Limited Liability Company (LLC) Mortgage Lenders Mortgage Servicers Mortgages

New York City Can Regulate Attorney Debt Collection Conduct, Second Circuit Rules

New York City can regulate the conduct of attorneys engaged in debt collection, the U.S. Court of Appeals for the Second Circuit has ruled. In Eric M. Berman, P.C. and Lacy Katzen, LLP v. City of New York, et al., the...more

8/10/2015 - Consumer Financial Contracts Debt Collection Debt Collectors Licensing Rules Popular Preemption Young Lawyers

Envelope’s Display of Bar Code With Embedded Account Number Violates FDCPA, Federal Court Rules

A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

7/29/2015 - Debt Collection Debt Collectors FDCPA Financial Institutions Motion to Dismiss

Second Circuit Rules FDCPA Does Not Require Disclosure of Settlement’s Tax Consequences

The U.S. Court of Appeals for the Second Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) does not require a debt collector to disclose the possible tax consequences of a debtor’s acceptance of a...more

5/26/2015 - Appeals Debt Collectors FDCPA Income Taxes

NY Attorney General, FTC Bring Joint Enforcement Actions against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are...more

3/3/2015 - Attorney Generals Debt Collection Debt Collectors Enforcement Actions FDCPA FTC Injunctive Relief

New York Issues Guidance on New Third-Party Debt Collector and Debt Buyer Regulations

The New York Department of Financial Services has issued guidance about its new Third-Party Debt Collector and Debt Buyer Regulations in the form of Frequently Asked Questions (“FAQs”). The FAQs provide insight on the scope...more

2/23/2015 - Debt Buyers Debt Collectors New Guidance NYDFS

Debt Collector’s TCPA Violation Does Not Establish FDCPA Violation, Pa. Federal Court Rules

The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more

1/26/2015 - Debt Collection Debt Collectors FDCPA Robocalling TCPA

CFPB issues snapshot of debt collection complaints filed by older consumers

The CFPB’s Office of Older Americans has issued a report titled “a snapshot of debt collection complaints submitted by older consumers,” which provides information drawn from complaints submitted to the CFPB from July 2013 to...more

11/7/2014 - CFPB Debt Collection Debt Collectors Information Reports

FDCPA Is Violated When Consumer’s Account Number Is Visible through Window of Debt Collector’s Envelope, Third Circuit Holds

In a precedential opinion rendered last week, the U.S. Court of Appeals for the Third Circuit held that the disclosure of a consumer’s account number through the transparent window of a debt collector’s envelope violates...more

9/5/2014 - Appeals Corporate Counsel Debt Collection Debt Collectors FDCPA Privacy Laws

Sixth Circuit Establishes ‘Baseline’ Information To Verify a Debt

The U.S. Court of Appeals for the Sixth Circuit recently articulated a standard for verifying a debt under the Fair Debt Collection Practices Act (FDCPA) in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC. The FDCPA...more

8/12/2014 - Appeals Condominiums Debt Collection Debt Collectors FDCPA Liens Popular

CFPB highlights unlawful practices by consumer reporting agencies, debt collectors and payday lenders

In its Spring 2014 Supervisory Highlights report issued yesterday, the CFPB highlighted deficiencies and violations it found during examinations of consumer reporting agencies (CRAs), debt collectors and payday lenders. The...more

5/23/2014 - CFPB CRA Debt Collectors Fair Lending FDCPA Final Rules Payday Loans

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

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 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

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