John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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

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

Contractor's Use of AG Letterhead Not a Violation of FDCPA, Supreme Court Holds

The U.S. Supreme Court has unanimously held that an independent contractor to the Ohio Attorney General did not mislead consumers in violation of the Fair Debt Collection Practices Act (FDCPA) when it used the Attorney...more

5/24/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

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

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 sends letter to CFPB on 2015 debt collection activities

The FTC has sent a letter to the CFPB summarizing the FTC’s debt collection activities in 2015. The letter is intended to provide the CFPB with information for its annual report to Congress on the federal government’s FDCPA...more

2/23/2016 - CFPB Debt Buyers Debt Collection FDCPA FTC

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

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

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

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

CFPB files amicus brief in FDCPA case applying “meaningful attorney involvement” standard to debt collection litigation

The CFPB, jointly with the FTC, has filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm...more

8/18/2015 - Amicus Briefs Appeals CFPB Debt Collection Debt Collectors FDCPA FTC

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 Companies LLC Mortgage Lenders Mortgage Servicers Mortgages

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

Maryland Appeals Court Declines to Adopt “Meaningful Attorney Involvement” Standard

The Maryland Court of Special Appeals recently declined to adopt the “meaningful attorney involvement” standard for Fair Debt Collection Practices Act (FDCPA) claims based on alleged insufficient attorney involvement in debt...more

7/24/2015 - Appeals Claim Preclusion Collateral Estoppel Debt Buyers Debt Collection Debtors FDCPA Midland Funding Res Judicata

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

Ninth Circuit Rules FDCPA and California Law Do Not Prohibit Collection Letter Seeking Prejudgment Interest

The U.S. Court of Appeals for the Ninth Circuit recently ruled that a debt collection letter seeking prejudgment interest on the debt did not violate the Fair Debt Collection Practices Act (FDCPA) or California’s Rosenthal...more

5/20/2015 - Appeals Debt Collection FDCPA Prejudgment Interest

Third Circuit Rules FDCPA Claims Can Be Based on Foreclosure Complaints

The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more

4/10/2015 - Appeals Attorney's Fees FDCPA Fees Foreclosure Mortgage Lenders Mortgages Putative Class Actions

N.Y. DFS Provides Insight on Key Provisions of Its Debt Collection Regulations

At a recent DBA International Symposium on New York State’s debt collection rules and regulations, New York Department of Financial Services (DFS) Executive Deputy Superintendent Joy Feigenbaum clarified certain provisions in...more

3/10/2015 - Debt Collection FDCPA New Regulations NYDFS

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