Debt Collection

News & Analysis as of

How to Appeal a Debt Collection Judgment from an Arizona Justice Court

What if you lose? When it comes to debt collection lawsuits there are no guarantees. While cases filed by junk debt buyers are often similar in the underlying facts, there are several procedural and evidentiary issues...more

W.Va. Requires Time-Barred Debt Disclosures in ‘Initial Written Communication’

The West Virginia Legislature recently passed H.B. 4360, which amended Section 46A-2-128 of the West Virginia Code, that defines what constitutes unfair or unconscionable debt collection activities. The amendments are...more

Pennsylvania Federal Court Rules on Debt Collector’s Alleged Violations of FDCPA

The United States Court for the Eastern District of Pennsylvania denied a motion to dismiss a borrower’s claim that a debt collection letter failed to provide adequate notice of her right to dispute the validity of the debt....more

What to Expect at Mediation in Arizona’s Justice Court System

A little known fact is that in Arizona very few debt collection cases make it to trial. Most debt collection lawsuits either end up with a default judgment because the person being sued didn’t file an Answer with the court,...more

CFPB general counsel gives glimpse into CFPB’s upcoming agenda

On Monday, April 7, CFPB General Counsel Meredith Fuchs warned that debt collection, payday lending, prepaid cards and privacy notices are priorities for the Bureau in the coming months. Appearing before the Practicing Law...more

INTERPOL Red Notices - Update on Bankers' Use of INTERPOL's Tools to Enforce Private Debts

The UAE banking crisis and its inappropriate involvement with INTERPOL Red Notices, which have been addressed here and here in this blog, appears to drag on still. Parag Deulgaonkar reported recently for Emirates 24/7 that...more

When it Comes to Answering Debt Collection Lawsuits – Keep it Simple

The other day a client hired me to help them in fighting debt buyer Midland Funding. I drafted the Answer – the document that is submitted in response to the Complaint filed by Midland. I was reviewing it with the client...more

CFPB Releases Report on Debt Collection Practices

The CFPB released a report summarizing the recent complaints of consumers in connection with debt collection practices. The report covered complaints that the CFPB received from July 10, 2013 through December 31, 2013. The...more

Hawaii Notifies Collection Agencies Of Change In Reciprocal States

On March 18, the Hawaii Department of Commerce and Consumer Affairs published a notice advising collection agencies that due to changes in state licensing laws in Indiana, Nevada, and North Dakota, those states no longer...more

Debt collection complaints: a numbers game?

A joint comment letter on the CFPB’s ANPR on debt collection practices was submitted by the American Bankers Association, the Consumer Bankers Association, and the Financial Services Roundtable. In their letter, the trade...more

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court...more

Dodd-Frank News - March 2014: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases January Through March 2014 ..Dodd-Frank Amendments to RESPA ..Dodd-Frank Prohibition on Arbitration Clauses ..Whistleblower Protection Under Dodd-Frank - News &...more

CFPB Releases Annual Report On Debt Collection

On March 20, the CFPB released its third annual report summarizing its activities in 2013 to implement and enforce the FDCPA. The report describes the CFPB’s and the FTC’s shared FDCPA enforcement authority, incorporates the...more

The CFPB’s Debt Collection Complaint Report: Lots of Fury Signifying Nothing

Yesterday, the CFPB released its annual report on debt collection, along with a press release. The headline, according to the Bureau, is that “Consumers Report Being Hounded About Debts Not Owed,” and the Bureau reported that...more

New Jersey Appeals Court Rules on Debt Buyer’s Right to Collect Debt Based on Electronic Business Records

The Appellate Division of the Superior Court of New Jersey ruled in two consolidated appeals from summary judgment rulings issued in favor of plaintiffs, debt buyers, affirming one and reversing the other based largely on the...more

District Court Strikes Overly Broad TCPA Class Definition: the Claim of a “Wrong Party” Called is Atypical of the Claims of...

In Buonomo v. Optimum Outcomes, Inc., No. 13-cv-5274 (N.D. Ill. March 17, 2014), the United States District Court for the Northern District of Illinois granted a partial motion to strike class action allegations alleging...more

CFPB Seeks Public Comment on Information Collection

The CFPB solicited comments on a proposed information collection titled, “Debt Collection Survey from the Consumer Credit Panel.” The information collection follows an advanced notice of proposed rulemaking on debt collection...more

CFPB and FTC File Joint Amicus Brief Related to Time-Barred Debt under the FDCPA

In its continuing advocacy related to debtors and time-barred debt, the CFPB and FTC jointly filed an amicus brief urging the United States Court of Appeals for the Sixth Circuit to reverse a district court’s decision...more

CFPB Releases Report on Servicemember Complaints

The CFPB released a report summarizing the recent complaints of servicemembers, veterans, and their families regarding various financial products and services. The report, which is the CFPB’s second such report, covered...more

CFPB Plans Debt Collection Survey

On March 6, the CFPB issued a notice that it intends to conduct a mail survey of consumers “to learn about their experiences interacting with the debt collection industry.” The notice states that the Bureau, as part of its...more

CFPB issues second report on servicemember complaints

Earlier this month, the CFPB issued a press release describing its second snapshot report of complaints from military consumers. The report details complaints the CFPB has received from servicemembers, veterans, and their...more

FTC Releases Annual Debt Collection Report

On March 5, the FTC released a summary of its 2013 debt collection activities, which it submitted to the CFPB on February 21, 2014. The report highlights that one of the FTC’s highest priorities is to continue targeting debt...more

CFPB debt collection survey: money misspent?

Last Friday, the CFPB published a notice in the Federal Register about its plans to seek approval from the Office of Management and Budget “to conduct a mail survey of consumers to learn about their experiences interacting...more

New Jersey Appellate Court Clarifies Debt Buyers’ Burden Of Proof

On March 5, the Superior Court of New Jersey, Appellate Division issued an opinion clarifying the proof necessary for debt buyers to prevail on efforts to collect an assigned debt on a closed and charged-off credit card...more

New Jersey Appellate Court Clarifies Debt Buyers’ Burden Of Proof

On March 5, the Superior Court of New Jersey, Appellate Division issued an opinion clarifying the proof necessary for debt buyers to prevail on efforts to collect an assigned debt on a closed and charged-off credit card...more

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