Debt Collection Fair Debt Collection Practices Act

News & Analysis as of

Eleventh Circuit: Enforcement of a Security Interest Is Not Debt Collection

The Eleventh Circuit Court of Appeals recently reaffirmed that enforcement of a security interest alone is not debt collection regulated by the Fair Debt Collection Practices Act (FDCPA). In Dunavant v. Sirote & Permutt,...more

Second Circuit Decision Could Disrupt Secondary Market for Bank-Originated Loans

A May 22, 2015 decision by the U.S. Court of Appeals for the Second Circuit appears to disturb the generally settled body of law concerning the status of non-bank investors with respect to applicable usury laws for...more

West Virginia Consumer Credit Protection Act Amendments: Still a Hotbed For Potential Violations

Amendments to the West Virginia Consumer Credit Protection Act, West Virginia Code § 46A-1-101 (WVCCPA) took effect on June 1, 2015. Passed in March, the amendments revise several sections of the WVCCPA, including significant...more

Foreclosure Notices Subject to FDCPA, Federal Court Finds

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy &...more

Can My Creditors Put me In Jail? [Video]

Debtor's prisons have been outlawed for more than a century yet I still meet with people who are worried that not paying their bills is going to result in them being put in jail. Not paying debts like credit cards, medical...more

20 Things a Debt Collector Can't Do [Video]

You wouldn't know it by their actions but debt collectors are actually a highly regulated group of people. The Fair Debt Collection Practices Act (FDCPA) governs what debt collectors and can can't do in their attempts to...more

5 Reasons Consumers Should File an FDCPA Lawsuit [Video]

Too often consumers just take the abuse dished out by debt collectors. Many are unaware that there are federal laws that regulate what debt collectors can do and say to collect on a debt. If the debt collectors violates the...more

Ninth Circuit: California Law Allows Prejudgment Interest Demand Without Judgment on Debt

On May 12, the Ninth Circuit held that a debt collection letter did not violate the FDCPA or California’s Rosenthal Act where the amount of the debt was certain, even though the debt collector had not yet obtained a judgment....more

Ninth Circuit Rules FDCPA and California Law Do Not Prohibit Collection Letter Seeking Prejudgment Interest

The U.S. Court of Appeals for the Ninth Circuit recently ruled that a debt collection letter seeking prejudgment interest on the debt did not violate the Fair Debt Collection Practices Act (FDCPA) or California’s Rosenthal...more

Governor Tomblin Signs into Law Significant Amendments to West Virginia Consumer Credit Protection Act

On March 31, 2015, West Virginia Governor Earl Ray Tomblin signed SB 542 into law. This new law amends frequently litigated sections of the West Virginia Consumer Credit Protection Act (“WVCCPA”), W. Va. Code section 46A, in...more

UDAAP Council Weekly UDAAP Standards Report - 5/6/15

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

CFPB Files Suit and Obtains Injunction Against Participants of Alleged Illegal Debt Collection Scheme

On April 8, the CFPB announced that it filed a lawsuit in the United States District Court for the Northern District of Georgia on March 26 against participants in an allegedly illegal debt collection operation, involving...more

Winter 2015 Supervisory Haiku-lights

Spring has sprung, technically speaking, but Old Man Winter is dragging his feet on the way out here on the East Coast. Maybe he was hanging around waiting for the Winter 2015 edition of Supervisory Highlights, which came out...more

New CFPB lawsuit targets payment processors for debt collectors

A new CFPB enforcement action filed in federal district court in Atlanta and unsealed last week targeting an alleged debt collection scam names as defendants not only the debt collectors and their individual principals but...more

CFPB issues FDCPA 2015 report

The CFPB has issued its fourth annual FDCPA report covering the CFPB’s activities in 2014. The section of the report that reviews consumer complaints about debt collection received by the CFPB in 2014 recycles information...more

UDAAP Council Weekly UDAAP Standards Report - 3/25/2015

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

West Virginia Legislature Proposes Changes to the WVCCPA

West Virginia’s Legislature just concluded its 2015 session. Among the more than 260 bills sent to Governor Earl Ray Tomblin is S.B. 542, which makes amendments to the West Virginia Consumer Credit and Protection Act...more

UDAAP Council Weekly UDAAP Standards Report - 3/18/2015

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

UDAAP Council Weekly UDAAP Standards Report - 3/11/2015

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

New Day For RESPA: The UDAAPification Of Section 8

The Real Estate Settlement Procedures Act has gone the "UDAAPified" way of debt collection — this time, through enforcement rather than guidance. In July 2013, Consumer Financial Protection Bureau Bulletin 2013-07...more

N.Y. DFS Provides Insight on Key Provisions of Its Debt Collection Regulations

At a recent DBA International Symposium on New York State’s debt collection rules and regulations, New York Department of Financial Services (DFS) Executive Deputy Superintendent Joy Feigenbaum clarified certain provisions in...more

NY Attorney General, FTC Bring Joint Enforcement Actions against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are...more

UDAAP Council Weekly UDAAP Standards Report - 2/25/2015

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

CW02: How to Stop Debt Collectors from Calling Your Family, Friends, and Co-Workers

The job of a debt collector is to make you give them money. Debt collectors understand that if they can make you uncomfortable enough, whether it be through fear, embarrassment, or simply annoy unceasingly, that you will be...more

Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend

These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more

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