All Consuming: Legal Updates for Consumer Finance Professionals - July 2014


In This Issue:

- Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions:

America's fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a "zombie debt" bill, House Bill 4360. The bill, as introduced, was designed to thwart all debt collection efforts after a debt's statute of limitations has passed. After undergoing various legislative revisions, Committee Substitute House Bill 4360 was enrolled on March 8, 2014, and took effect 90 days thereafter, on June 6, 2014...

- Disputing Debts Under the FDCPA:

In January of this year, the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit") decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the Fair Debt Collection Practices Act ("FDCPA") requires a consumer to dispute a debt in writing to gain the protections afforded by the FDCPA...

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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