Debt Collectors

Using Recievers to Collect Judgments Against Intellectual Property Assets

by Peter Davidson | Ervin Cohen & Jessup LLP on 4/24/2013

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more

Massachusetts Warns Payday Loan Debt Collectors

by BuckleySandler LLP on 4/19/2013

On April 8, the Massachusetts Division of Banks sent a letter to state-licensed debt collectors advising them that it is illegal to collect on consumer loans that violate the Massachusetts small loan statute. ...more

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

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 3/1/2013

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

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

by Francis X. Riley, III, Michael Rowan | Saul Ewing LLP on 2/28/2013

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

FTC Recaps Debt Collection Activities For Annual CFPB Report

by BuckleySandler LLP on 2/26/2013

On February 1, the FTC sent a letter to the CFPB describing the FTC’s debt collection-related activities over the past year. The responsibility to report to Congress each year on implementation and enforcement of the FDCPA...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

Mortgage Banking Update - February 21, 2013

by Richard J. Andreano, Jr., Anthony Kaye, John Kerkorian, Barbara S. Mishkin, Matthew Saunig, John D. Socknat, Michael S. Waldron, Emily Wegener | Ballard Spahr LLP on 2/21/2013

In This Issue: - MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules - Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging...more

FTC Continues To Target Debt Collectors and Debt Relief Companies

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 2/11/2013

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

Sixth Circuit Holds that Mortgage Foreclosure and Foreclosure Lawyers are Subject to the FDCPA

by Victoria Holstein-Childress | Reed Smith on 2/4/2013

Overview - The U.S. Court of Appeals for the Sixth Circuit recently held that mortgage foreclosure actions are "debt collection" under the Fair Debt Collection Practices Act (FDCPA). Glazer v. Chase Home Finance LLC, No....more

Chicago Requires Debt Collector Licensing, Sets Zoning Requirements For Small Dollar Lenders

by BuckleySandler LLP on 1/30/2013

On January 17, the City of Chicago passed ordinances related to debt collection, small dollar lending, and license enforcement. With the adoption of an ordinance requiring that debt collectors collecting debts from Chicagoans...more

Mortgage Banking Update - January 25, 2013

by Richard J. Andreano, Jr., Barbara S. Mishkin, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/25/2013

In This Issues: - CFPB Generates Flurry of New Mortgage Banking Industry Rules - CFPB Issues Final ECOA Appraisal Rule - 20 State Agencies Adopt Uniform State MLO Testing - Mortgage Foreclosure Is Debt...more

California District Court Holds Assignee Indirect Auto Finance Company Not Subject To FDCPA

by BuckleySandler LLP on 1/24/2013

On January 9, the U.S. District Court for the Central District of California held that an indirect auto finance company that took assignment of a retail installment sales contract from an automobile dealer is not a debt...more

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

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/24/2013

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

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 1/23/2013

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

Mortgage Banking Update - January 10, 2013

by Richard J. Andreano, Jr., Jean C. Hemphill, Edward I. Leeds, Barbara S. Mishkin, Amy Mushahwar, Brian M. Pinheiro, Matthew Saunig, John D. Socknat, Mercedes Kelley Tunstall, more +Michael S. Waldron | Ballard Spahr LLP on 1/10/2013

In This Issue: - Ohio Enacts the Nation's First Transitional MLO Licensing Law for Out-of-State MLOs - Noted Data Security and Privacy Attorney Amy Mushahwar Joins Ballard Spahr - Information Security...more

Justice Department Settles ADA Claims against Debt Collector

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/8/2013

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

Court Denies Conditional Certification of Class of Debt Collectors

by Greg Mersol | BakerHostetler on 12/17/2012

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

by Elizabeth Berman Barcohana | Sheppard Mullin Richter & Hampton LLP on 12/5/2012

In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more

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