Debt Collectors

News & Analysis as of

FTC and New York AG File Joint Suits Against Debt Collectors

On February 26, the FTC and the New York State Attorney General announced joint lawsuits to cease certain practices of two debt collection operations based in upstate New York. The complaints allege that the defendants...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

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

New York Issues Guidance on New Third-Party Debt Collector and Debt Buyer Regulations

The New York Department of Financial Services has issued guidance about its new Third-Party Debt Collector and Debt Buyer Regulations in the form of Frequently Asked Questions (“FAQs”). The FAQs provide insight on the scope...more

They’re Watching You. How Debt Collectors Use Facebook and Your Credit Report to Keep Tabs on You

It is almost as if they are watching you. Debt collectors seem to appear out of nowhere anytime something positive happens. While you may believe you are just unlucky and that you can’t seem to shake that grey cloud hanging...more

Debt Collectors Gone Wild!

Recently I spoke with a client who came really close to pulling out his wallet and sending thousands of dollars to a debt collector who had threatened and intimidated him and his family. You may be thinking – “how stupid – I...more

How to Stop Robo-Debt Collection Calls to Your Cell Phone

The phone rings…long pause…click…then automated voice comes on to give you a message. Whether it is a telemarketer, a debt collector, or who knows what, we have likely experienced being robo-called by a computerized system....more

UDAAP Council Weekly UDAAP Standards Report - 2/4/2015

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

Eighth Circuit Rules Disputed Debt Claim Does Not Violate FDCPA

On December 4, the U.S. Court of Appeals for the Eighth Circuit held that a debt collector did not violate the FDCPA by informing a consumer reporting agency (CRA) that a consumer owed a debt without also expressly indicating...more

Demanding Debt Payment

Common scenario: a client comes to you for help in collecting a consumer debt. You should start off by demanding payment on your client’s behalf, and then evaluate any response you get....more

When automatic stay violations require fee awards

In America’s Servicing Co. v. Schwartz-Tallard, 2014 DJDAR 12063, the United States Court of Appeal for the Ninth Circuit decided an interesting case arising from allegations that a debt servicing entity violated the...more

Stop Debt Collectors from Calling Your In-Laws

A favorite tactic of debt collectors is to call the family and friends of the person they are trying to collect money from. And it makes sense…do you want your in-laws…your brother….your best friend…all knowing that you are...more

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action...more

Debt Collector’s TCPA Violation Does Not Establish FDCPA Violation, Pa. Federal Court Rules

The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more

Voicemail Messages from Debt Collectors – Don’t Hit Delete!

If you are the target of a debt collector it can often feel like the wild wild west where anything goes. Debt collectors know that if they can make you feel the heat that you will be much more likely to pay up....more

You Still Can’t Violate the FDCPA by Complying With It…

In Gomez v. Oxford Law, 3:14-cv-00477, 2015 U.S. Dist. LEXIS 345, * 3 (M.D. Pa. Jan. 5, 2014), Ninouska Gomez filed suit under the Fair Debt Collection Practices Act (the “FDCPA”) after receiving a message from Oxford Law,...more

FDCPA – Your Consumer Bill of Rights

Debt collection phone calls…this is one of the top reasons people file for bankruptcy – so that they can avoid having to deal with debt collectors and all the garbage that goes with it. The thing is, you shouldn’t have to...more

Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements...more

Consumer Financial Protection Bureau Attempts to Regulate Telecom

Since it opened in 2011, the Consumer Financial Protection Bureau ("the Bureau" or "CFPB") has issued thousands of pages of regulations, mostly directed at the home mortgage industry, and aggressively exercised its authority...more

New York Adopts More Stringent Debt Collection Regulations

Action Item: In advance of the 2015 effective dates, debt collectors that operate in New York should review their current policies and take necessary steps to comply with new state regulations that provide consumer...more

2014 Survey Of Class Action Cases In Virginia: The Statistics

In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more

“Start Spreading the News”: Recent New York Regulations Impact Debt Collection and Default Servicing

Last month, the New York Department of Financial Services (“DFS”) finalized a regulation with a number of novel requirements affecting debt collection (including servicing delinquent loans) in New York. Previously, debt...more

3 Secret Strategies to Winning Your Case With Portfolio Recovery Associates (Or Any Other Junk Debt Buyer)

The law in Arizona as it applies to cases brought by junk debt buyers like Portfolio Recovery Associates is somewhat in flux. This has resulted in rulings from the various courts that can be all over the place. Often the...more

What Types of Debt Collectors Can Be Sued for Abusive Debt Collection Tactics?

Debt Collectors: These are companies and individuals who do nothing but debt collection. They are no the original creditor and don’t work directly for the original creditor but work for an outside collection agency. If...more

Quick Guide to Stopping Abusive Debt Collection Calls

The first sign that you have fallen behind on your bills is the non-stop debt collection calls. These calls are not only stressful but can cause problems with your family, your job, and even your health....more

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