Debt Collection

News & Analysis as of

CFPB obtains $10 million of relief for payday lender’s collection calls

Yesterday, the CFPB and ACE Cash Express issued press releases announcing that ACE has entered into a consent order with the CFPB. The consent order addresses ACE’s collection practices and requires ACE to pay $5 million in...more

Representing Yourself in Your Debt Collection Lawsuit? 3 Reasons You Should Reconsider

Many people who find themselves being sued by a debt collector forgo hiring a lawyer and represent themselves in court. I understand for many people this is a necessity. As a lawyer I can’t work for free (my wife and kids...more

CFPB Debt Collection (Regulation F) Rulemaking FAQs

On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking comment, data, and information from the public about debt collection...more

European Account Preservation Orders: A New Method for Debt Recovery

The European Union has introduced a new procedure to facilitate cross-border debt recovery, which aims to preserve funds and recover bad debt....more

Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau

As federal courts continue to grapple with the explosion of litigation brought by plaintiffs under the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) is increasingly being called...more

Federal Court Finds That TCPA Plaintiff Consented To Debt Collection Calls by Providing Phone Number On Hospital Admission Form

On June 25, Judge Michael Anello of the Southern District of California granted summary judgment in favor of defendant Sharp Healthcare (“Sharp”) in Hudson v. Sharp Healthcare, 13cv1807-MMA, a purported class action alleging...more

Illinois Supreme Court Debates Effect of Failure to Register as Debt Collector

Our reports on the oral arguments during the May term of the Illinois Supreme Court continue with a direct appeal pursuant to Supreme Court Rule 302 – LVNV Funding v. Trice....more

You Got To Show It If You Don’t Want To Blow It

The filing of a bankruptcy petition creates a bankruptcy estate that includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” Highland Capital Mgmt. LP v. Chesapeake Energy...more

The Devil is in the Details of Your Debt Collection Case

I recently had a trial against a junk debt buyer that had an interesting twist that I thought could be helpful to those facing debt collection lawsuits from debt buyers like Midland Funding, Unifund, Portfolio Recovery, or...more

Week in Review

Technology's impact on privacy took center stage in news headlines this week. The New York Times and National Public Radio (NPR) both reported on alternative software tools to track employees in the workplace - one tool...more

3 Ways to Help Your Lawyer Win Your Debt Collection Lawsuit

Most of the people I meet with who are facing a debt collection lawsuit have (1) never been sued before, and (2) never even hired a lawyer previously. And I think it is fair to say that is a good thing....more

Florida Revises Requirements For Third-Party Debt Collectors

Effective October 1, 2014, third-party debt collectors seeking to collect debt in Florida will be subject to new requirements. Pursuant to HB 413, which Florida Governor Rick Scott signed on June 13, consumer collection...more

Delaware Court of Chancery Rules That a Major Debt Holder and 48 Percent Stockholder Is a Controlling Stockholder and Owes...

In Hamilton Partners, L.P. v. Highland Capital Management, L.P., the Delaware Court of Chancery denied a motion to dismiss breach of fiduciary duty claims brought by former stockholders of American Home Patient, Inc. (AHP)...more

Hold That ReFi! A Reason to Think Twice Before Entering Post-Petition Agreements with Discharged Debtors

After months of phone calls, loan modifications and discussions with borrowers, one finally receives the dreaded bankruptcy notice in the mail. A chapter 7, no-asset case, with the loan listed on the bankruptcy schedules as a...more

Are You Being Sued by Alco Capital Group?

I handle a lot of debt collection lawsuits where the party suing is not the original creditor. Debt buyers – companies that purchase large pools of charged off debt – often file a lawsuit soon after they allegedly acquire...more

CFPB & DOJ Consent Orders with Former GE Capital Retail Bank: Something Old and Something New

Yesterday, the CFPB announced a $225 million settlement of two major credit card enforcement matters with Synchrony Bank, formerly known as GE Capital Retail Bank. First, the “Add-On Matter” targets alleged deceptive...more

Status Updates - June 2014 #6

Debt collectors are using social media more and more frequently to try to track down people who owe money, but they are bound by restrictions in the Fair Debt Collection Practices Act when they do so, just as if they used...more

How Long Do I Have to Bring My FDCPA Claim?

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that prohibits debt collectors from treating the people who they are attempting to collect from unfairly or with disrespect. Common violations of the FDCPA...more

U.S. Supreme Court’s decision in Clark won’t impact inherited IRAs of Missouri residents

Creditors are generally aware that a debtor may shield from collection by creditors assets that the debtor holds in Individual Retirement Account (IRA). However, as more IRA owners die with substantial assets remaining in...more

Eleventh Circuit Rules on Alleged Violations of the Telephone Consumer Protection Act

Joining the Seventh Circuit, the United States Court of Appeals for the Eleventh Circuit ruled that the term “called party” in the Telephone Consumer Protection Act means the party who actually received the call, not the...more

West Virginia Supreme Court Upholds $14 Million Award In Finance Company “True Lender” Case

On May 30, the West Virginia Supreme Court of Appeals affirmed a series of trial court orders requiring a nonbank consumer finance company to pay $14 million in penalties and restitution for allegedly violating the state’s...more

CFPB Report Focuses On Nonbank Financial Institutions

A new report from the Consumer Financial Protection Bureau (CFPB) highlighted the agency’s supervisory efforts with regard to nonbank financial institutions like payday lenders, debt collectors, and consumer reporting...more

Updated CFPB Rulemaking Agenda Adds Auto Finance Larger Participant Rule, Updates Timelines For Other Rules

The CFPB recently released its latest rulemaking agenda, which lists for the first time a larger participant rule that would define the size of nonbank auto finance companies subject to the CFPB’s supervisory authority. ...more

CFPB Issues Its Spring 2014 Supervisory Highlights Report with a Focus on Nonbank Examination Findings

On May 22, 2014, the Consumer Financial Protection Bureau (CFPB or the Bureau) released its Spring 2014 Supervisory Highlights report, which addresses the agency’s supervisory activities during the last six months (spanning...more

CFPB Reports Risky Practices in Newly Supervised Nonbank Markets

On May 22, the CFPB issued a report highlighting illegal actions uncovered by its supervision of the nonbank payday, debt collection and consumer reporting markets. These markets are being federally supervised for the first...more

250 Results
|
View per page
Page: of 10