John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Posts › Debt Collection

Share:

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

11/17/2016 - Amicus Briefs Banking Sector Banks CFPB Debt Collection Default Judgment Elder Issues FDCPA Garnishment Landlords Rent Social Security Benefits Unfair or Deceptive Trade Practices

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

CFPB Student Loan Ombudsman’s fifth annual report highlights complaints about transition from default to income-driven repayment...

The CFPB has released its fifth Annual report of the CFPB Student Loan Ombudsman discussing complaints received by the CFPB about private and federal student loans and the lessons drawn by the Ombudsman from those complaints....more

10/20/2016 - Banking Sector Borrowers CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Debt Collection Federal Student Loans Financial Institutions Ombudsman Student Loans

Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules

The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication...more

10/5/2016 - CFPB Debt Collection Debt Collectors FDCPA Financial Sector FTC Notice Requirements Summary Judgment

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

Student loan complaint update highlights IDR plan application issues

The CFPB’s Student Loan Ombudsman has released a new “Mid-year update on student loan complaints” that highlights issues related to income-driven repayment plan (IDR) application issues. The update covers complaints...more

8/25/2016 - Banking Sector CFPB Consumer Complaint Database Consumer Financial Products Debt Collection Federal Student Aid Ombudsman Student Loans

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

ACA International white paper takes aim at misleading use of CFPB complaint data

A new white paper issued by ACA International takes aim at the use of CFPB complaint data by The Alliance for a Just Society in a report titled “Unfair, Deceptive, and Abusive: Debt Collectors Profit from Aggressive Tactics.”...more

2/26/2016 - CFPB Consumer Complaint System Debt Collection Unfair or Deceptive Trade Practices

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

75 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×