News & Analysis as of

Debt Collectors

From the Top In Brief - July/August 2017

by Jones Day on

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files...more

No interest? No Disclosure? No Problem!

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the...more

CFPB Warns Against “Tricking Consumers” with Pay-by-Phone Fees

by Baker Donelson on

Regulated entities should be prepared to defend their policies and practices surrounding fee-based pay-by-phone options in light of new guidance issued by the Consumer Financial Protection Bureau (CFPB). The CFPB released...more

Third Circuit Reminds Debt Collectors Of Notice Requirement

by McCarter & English, LLP on

The Fair Debt Collection Practices Act (the “Act”) was created to protect consumers against abusive debt collection practices. The notice provision is one feature of the Act that requires debt collectors to notify consumers...more

Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

by Goodwin on

On July 11, 2017, Texas Attorney General Ken Paxton secured a $25 million judgment and permanent injunction against a portfolio management company and a small law office for violations of the Texas Debt Collection Act, Texas...more

SCOTUS Limits Reach of Fair Debt Collection Practices Act

In a unanimous decision, the Supreme Court narrowly interpreted “debt collector” under the Fair Debt Collection Practices Act to exclude debt purchasers engaging in collection efforts for their own accounts....more

Regulatory Alert: Debt Collection

by Davis Wright Tremaine LLP on

Among the announcements in its Spring 2017 rulemaking agenda, which was just released on July 20, the Consumer Financial Protection Bureau (CFPB) announced that later this year it plans to issue a Notice of Proposed...more

Massachusetts AG Obtains Preliminary Injunction Against Debt Collection Law Firm Over Illegal Practices

by Goodwin on

On July 13, 2017, the Massachusetts Attorney General’s Office (“Massachusetts AG”) announced? that it obtained a preliminary injunction against a debt collection law firm and its principal attorney. The Massachusetts AG...more

Fifth Circuit Affirms Debt Collector’s Duty to Report Disputed Debt

A recent opinion from the Fifth Circuit should serve as a reminder to debt collectors that their duties as to disputed debts are not governed solely by section 1692g. In Sayles v. Advanced Recovery Systems, Advanced Recovery...more

What Real Estate Settlement Service and Other Consumer Financial Services Providers Need to Know About the CFPB’s Final...

by Foley & Lardner LLP on

On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule). This rule-making has been a lightning rod issue for...more

House Financial Services subcommittee to hold July 12 hearing on community financial institution relief; bills to be examined...

by Ballard Spahr LLP on

On July 12, 2017, a subcommittee of the House Financial Services Committee will hold a hearing entitled “Examining Legislative Proposals to Provide Targeted Regulatory Relief to Community Financial Institutions.” The...more

A Cautionary Tale Regarding Case and Witness Preparation in Third Circuit TCPA and FDCPA Decision

by Hinshaw & Culbertson LLP on

In a cautionary tale for the defense bar, the Third Circuit recently upheld a consumer's TCPA claims and reversed summary judgment on the FDCPA claims in Daubert v. NRA, Nos. 16-3613 and 16-3629 (3d Cir. July 3, 2017)....more

Supreme Court: FDCPA Doesn’t Cover Owned Debt

A bank or other person may collect debts that it purchased for its own account without triggering the statutory requirements of the Fair Debt Collection Practices Act, a unanimous Supreme Court recently ruled....more

SCOTUS Clarifies Who is a Debt Collector Under FDCPA

The Fair Debt Collection Practices Act (FDCPA) prohibits a “debt collector” from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt,” as well as any “unfair or...more

Sixth Circuit Holds That Court-Ordered Service by Publication Does Not Violate the FDCPA

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a lawsuit brought against Midland Funding, LLC (Midland), and its collection law firm under the Fair Debt Collection Practices Act (FDCPA)....more

Nutter Bank Report, June 2017

Supreme Court: Bank That Buys Debt for Its Own Account Is Not Debt Collector - The U.S. Supreme Court recently held that a bank that collects on debts it has bought and holds “for its own account” is not a debt collector...more

District Court of New Jersey Holds No Duty Under FDCPA to Warn of Tax Consequences for Debt Settlement

by Blank Rome LLP on

In a case of first impression in the Third Circuit, Vincent Carieri v. Midland Credit Management, Inc., No. 17-0009 (D.N.J. June 26, 2017), the District Court of New Jersey held that that a debt collector does not have a duty...more

SCOTUS Issues Another Decision Affecting Parties Who Attempt To Collect On Debts

by McCarter & English, LLP on

The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). ...more

Supreme Court Narrows FDCPA’s Definition of Debt Collector

by Davis Wright Tremaine LLP on

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an...more

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

by Miles & Stockbridge P.C. on

On June 12, 2017, the Supreme Court of the United States (the “Court”) issued a decision clarifying who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. In the...more

Good News for Revenue Cycle Management Companies - Recent Supreme Court Decision on the Scope of the Fair Debt Collection...

The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a...more

SCOTUS Rules No Expansion to Definition of Debt Collector Under FDCPA

by Rumberger Kirk & Caldwell on

In Justice Gorsuch’s first written opinion, the Supreme Court unanimously upheld a ruling by the Fourth Circuit Court of Appeals that declined to expand the Fair Debt Collection Practices Act’s (“FDCPA”) definition of “debt...more

Debt Collector Defined: Supreme Court Exempts Debt Purchasers

by McGuireWoods LLP on

On behalf of a unanimous Supreme Court, Justice Neil Gorsuch delivered his first opinion on June 12 to determine whether debt purchasers fall within the statutory language under the Fair Debt Collection Practices Act (FDCPA)...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 13

by Clark Hill PLC on

Internal House GOP Budget Feud Threatens Agenda: House GOP efforts to write a fiscal 2018 budget are deadlocked amid Republican infighting, a divide that threatens to undermine President Donald Trump’s agenda by stalling tax...more

IRS Warns Consumers Of New Phone Scam Just As Private Collectors Get To Work

by Fox Rothschild LLP on

Earlier this year we wrote that the Internal Revenue Service is moving forward with its controversial “Private Debt Collection” program amid a sharp uptick in instances of fraud by scammers posing as legitimate IRS debt...more

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