John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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

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 files amicus brief in FDCPA case

A new amicus brief filing by the CFPB recently appeared on the CFPB’s amicus program webpage. On August 14, 2013, the CFPB, jointly with the FTC, filed an amicus brief in Delgado v. Capital Management Services, LP, et al., a...more

9/9/2013 - CFPB Debt Debt Collectors Enforcement FDCPA FTC

Consumer action letters will cause headaches for debt collectors and creditors

Last week, the CFPB issued five action letters for consumers to use as debt collection tools. Now that we have had an opportunity to look more closely at the letters, it is apparent that the letters will cause headaches not...more

7/17/2013 - CFPB Creditors Debt Collectors FDCPA Mortgage Servicers

FTC Enforcement Action against Debt Collector Ends in Record Settlement

The Federal Trade Commission’s recent announcement that it entered into a record settlement with “the world’s largest debt collection operation” demonstrates that it intends to continue its vigorous enforcement of the Fair...more

7/16/2013 - Compliance Debt Collectors Dodd-Frank Enforcement Actions FDCPA FTC Settlement

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

3/1/2013 - Attorney's Fees CFPB Debt Collectors FDCPA General Revenue Corp. Legal Costs Prevailing Party SCOTUS

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

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

1/24/2013 - CFPB Debt Collectors FDCPA Foreclosure Mortgages

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

1/8/2013 - ADA Debt Collectors Discrimination DOJ FDCPA Reasonable Accommodation Settlement Title III

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