Debt Collection

News & Analysis as of

Are the DFS’ latest debt collection rules a harbinger of things to come?

In May, we wrote that the New York Department of Financial Services (“DFS”) would soon be issuing revised debt collection regulations for debt buyers and third party debt collectors. On July 16, the DFS released the revised...more

N.Y. Department of Financial Services Issues Revised Proposed Debt Collection Rules

The New York Department of Financial Services (DFS) recently issued revised proposed debt collection regulations, which have important implications concerning charged-off and time-barred debt, for third-party debt collectors...more

Education Department OIG Reports On Borrower Complaints Against Collection Agencies

On July 15, the Department of Education’s Office of Inspector General (OIG) published a report on its audit of the Department’s Federal Student Aid (FSA) office, which revealed that the FSA has failed to effectively: (i)...more

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...more

Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA

On June 26, 2014, in McLaughlin v. Phelan Hallinan & Schmieg, LLP, the Third Circuit held that a consumer is not required to seek validation of a debt he believes is inaccurately described in a debt collection communication...more

CFPB and FTC to hold roundtable on debt collection and the Latino community

On October 23, 2014, the CFPB and FTC will be co-hosting a roundtable titled “Debt Collection & the Latino Community” to examine how debt collection issues affect Latino consumers, especially those who have limited English...more

Disputing Debts under the FDCPA – The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.

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...more

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...more

Take the Fear out of Your Debt Collection Lawsuit

Getting served with a lawsuit can ruin anyone’s day. First, the way the law requires that you get notice of the lawsuit is very intrusive. A process server must come to your home, unannounced, and give you the summons and...more

Should I Appeal My Debt Collection Judgment?

Even though I think most debt collection lawsuits brought by junk debt buyers are just that – junk, there are many factors that can lead to judgment being entered against you and in favor of the debt buyer. After the initial...more

D. Mass. Grants Summary Judgment to Plaintiff, Finds Predictive Dialer to be an ATDS

The District of Massachusetts recently entered summary judgment in favor of a plaintiff after deferring to FCC statements that purport to expand the definition of an automated telephone dialing system (“ATDS”) to include...more

CFPB UDAAP Action Targets Payday Lender’s Collection Activities

On Friday, the CFPB announced that a nonbank consumer lender will pay $10 million to resolve allegations that it engaged in certain unfair, deceptive, and abusive practices in the collection of payday loans. ...more

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

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