News & Analysis as of

Debt Buyers

Bankruptcy Proof of Claim on Time-Barred Debt Does Not Violate FDCPA, SCOTUS Rules

by Ballard Spahr LLP on

Filing a proof of claim in a debtor's Chapter 13 bankruptcy case on a debt that is "obviously time barred" does not violate the Fair Debt Collection Practices Act (FDCPA), the U.S. Supreme Court has ruled in a 5-3 decision....more

Out of Time, Not Out of Luck: Supreme Court holds POCs for Time-Barred Debt are OK under FDCPA

In a win for debt buyers and servicers, the Supreme Court held in Midland Funding, LLC. v. Johnson that the filing of a proof of claim in a bankruptcy case for obviously time-barred debt is not false, deceptive, misleading,...more

U.S. Supreme Court Rejects FDCPA Liability in Bankruptcy Proceeding

by Clark Hill PLC on

On Monday, May 15, 2017, the Supreme Court put to rest a theory of liability under the Fair Debt Collections Practices Act (FDCPA or Act) that had a major impact not only upon the credit and collection industry, but...more

U.S. Supreme Court Weighs in on Bankruptcy Claims, Fair Debt Collection Practices Act

The United States Supreme Court issued a ruling Monday resolving the question of whether filing a proof of claim for a debt that is time-barred by the statute of limitations is a violation of the Fair Debt Collection...more

A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks

by Murtha Cullina on

Earlier this week, the U.S. Supreme Court held that a creditor who deliberately files a bankruptcy proof of claim for a time-barred claim does not violate the Fair Debt Collection Practices Act (FDCPA). Midland Funding v....more

U.S. Supreme Court Limits Availability of Civil Remedies Against Debt Collectors

by Bryan Cave on

On May 15, 2017, a divided U.S. Supreme Court held in Midland Funding, LLC v. Johnson that a debt collector’s filing of a facially time-barred claim in Chapter 13 bankruptcy proceedings was not a violation of the Fair Debt...more

In Win for Debt Buyers, Supreme Court Holds Filing Proofs of Claim in Bankruptcy on Stale Debts Does Not Violate FDCPA

by Burr & Forman on

In Midland Funding, LLC v. Johnson, the U.S. Supreme Court held that a debt collector does not run afoul of the FDCPA by filing a proof of claim in bankruptcy on a stale debt. In its 5-3 decision, the Court sided with the...more

Supreme Court Holds That Filing of Time-Barred Bankruptcy Claim Does Not Violate FDCPA

by BakerHostetler on

On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) in which it held that filing an “obviously time-barred” proof of claim in a bankruptcy proceeding...more

Trying Times for Secondary Market for Consumer Debts

by Pierce Atwood LLP on

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that...more

Does the FDCPA Apply to Debt Buyers? U.S. Supreme Court Will Soon Decide

by Hinshaw & Culbertson LLP on

On April 18, 2017, the Supreme Court of the United States heard oral argument on the issue of whether the Fair Debt Collection Practices Act ("FDCPA") extends beyond traditional "debt collectors" to those entities that...more

Supreme Court Hears Oral Argument In Significant FDCPA Case

by BakerHostetler on

This month, the Supreme Court heard oral argument in a case with potential to affect companies that purchase consumer debt and then collect it for their own account. The case — Henson v. Santander Consumer USA, Inc., Supreme...more

Supreme Court Hears Oral Argument on Scope of FDCPA

by Goodwin on

On April 18, 2017, the United States Supreme Court, once again with nine justices sitting on the bench, heard oral arguments in Henson v. Santander Consumer USA, Inc., No. 16-349, concerning the scope of the Federal Debt...more

Have You Been Sued By Salander Enterprises?

by John Skiba on

Salander Enterprises files a large number of debt collection lawsuits in Arizona. Salander Enterprises is a junk debt buyer that purchases old charged of debt – often medical debt – and then files lawsuits on in an attempt to...more

CFPB issues 2017 FDCPA report

by Ballard Spahr LLP on

The CFPB has issued its fifth annual Fair Debt Collection Practices Act report covering the CFPB’s activities in 2016. According to the report’s section on complaints, the CFPB handled approximately 88,000 debt...more

State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Should a full-service consumer finance company be subject to federal debt collection law when it attempts to collect upon debt it purchased? Attorneys general from Maryland, the District of Columbia, California, New York, and...more

More on Comptroller Curry’s remarks at LendIt USA conference

by Ballard Spahr LLP on

In a recent blog post, Alan Kaplinsky and Scott Pearson wrote about the remarks made by CFPB Director Richard Cordray and Comptroller of the Currency Thomas Curry at the LendIt USA conference in New York City earlier this...more

Massachusetts Appellate Division: A Debt Buyer is a Debt Collector Under MA Law

by Goodwin on

On February 15, 2017 the Massachusetts Appellate Division of the District Court Department found in Midland Funding, LLC v. Juba, No. 16-ADMS-40011, that a debt buyer violated the Massachusetts Debt Collection Practices Act...more

SCOTUS Poised to Decide Whether Debt Buyers Are Subject to the FDCPA

by Goodwin on

On Friday, February 24, 2017, more than half of the U.S. states’ attorneys general (the Amici States) filed an amicus brief in support of the petitioners in Henson v. Santander Consumer USA, Inc., a case that is currently...more

Objection to Proof of Claim Not Barred by Res Judicata

A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of confirmation was entered prior to the objection being filed. In re Haskins, No....more

CFPB’s national debt collection consumer survey findings lays groundwork for future enforcement and rulemaking priorities

by Ballard Spahr LLP on

Early yesterday, the CFPB released the findings of its national debt collection consumer survey. Both the headline of the CFPB’s press release and Director Cordray’s remarks highlight the survey’s finding that “over...more

Passive Debt Buyer May Delegate Dispute Communications to Third Party

A New York District Court recently addressed the issue of whether the FDCPA requires passive debt buyers to personally register disputes or whether they can delegate that obligation to their third party debt...more

CFPB Seeks Feedback on Proposed Third Party Debt Collection Rules

Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. Below, he shares his thoughts from the meeting....more

Midland Funding Ordered to Pay Consumer After Two Year Court Battle

by John Skiba on

Two years ago Midland Funding sued a consumer here in Arizona and began what ended up being a two year court battle through both the Justice Court System and an appeal to the Maricopa County Superior Court. The end result was...more

CFPB and NY Attorney General file federal court action against debt buyers

by Ballard Spahr LLP on

The CFPB announced that, jointly with the New York Attorney General, it has filed a lawsuit in a New York federal court against three companies that purchased consumer debts and two of the companies’ individual principals...more

Midland Funding Loses at Trial – Can’t Prove Case

by John Skiba on

Recently we here at the Arizona Consumer Law Group represented a consumer who had been sued by junk debt buyer Midland Funding. Midland Funding filed a lawsuit against a consumer in the Maricopa County Superior Court...more

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