Debt Collectors

News & Analysis as of

Expanding the Meaning of Debt Collector in Ontario?

On June 15, 2015, Ontario’s Ministry of Government and Consumer Services (Ministry) issued a consultation paper, “Strengthening Consumer Financial Protection,” (consultation paper) which, in addition to offering a discussion...more

NBA Doesn’t Preempt State Usury Claims Against Assignee of National Bank, Second Circuit Rule

Why it matters - In a potentially troubling ruling, the Second Circuit Court of Appeals refused to find the National Bank Act (NBA) preempted state law usury claims against an assignee of a national bank. In a putative...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

Cavalry Portfolio Services fined $175,000 by Arizona

Cavalry Portfolio Services is a junk debt buyer that files a lot of debt collection lawsuits here in Arizona. Often times they file the lawsuit under names such as Cavalry SPV. On March 30, 2015 the Arizona Department of...more

The Unknown World of Junk Debt Buying

This past weekend I attended a workshop in Seattle that was set up for consumer protection lawyers like myself who help people fight back against junk debt buyers like Midland Funding, Cavalry SPV, CACH, LLC (too name a few)....more

Listing Unaccrued Debts In Legal Pleadings Can Leave Creditor Attorneys Liable for FDCPA Damages

When drafting demand letters and complaints, creditors and their attorneys must be cautious when demanding fees from the debtor which the creditor has not yet incurred. The Third Circuit has announced that including a demand...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

2nd Circuit Reinstates Consumer Class Action Against National Debt Buyer Through Preemption Decision

On May 22, the U.S. Court of Appeals for the Second Circuit ruled against a debt collection firm, holding that “non-national bank entities are not entitled to protections under the National Bank Act (“NBA”) from state-law...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

Why You Should Enter into a Payment Plan with a Junk Debt Buyer [Video]

Many times junk debt buyers like Midland Funding, Portfolio Recovery Associates, and CACH, LLC will sue people and immediately seek out of settlement of the debt. When people can't pay a large lump sum they will set up long...more

Beginners Guide to Debt Collection Lawsuits by Portfolio Recovery Associates [Video]

Portfolio Recovery Associates is one of the largest junk debt buyers in the nation. They file thousands of lawsuits every year against consumers and most end up in a default judgment simply because people don't know what to...more

Quick Guide to Stopping Collection Calls. [Video]

The first sign you have fallen behind on your bills is the constant debt collection telephone calls. These are not only annoying they can cause real problems with your family and your employment. In this video I discuss ways...more

Confusion Surrounds the Fair Debt Collection Practices Act

The United States Supreme Court recently declined to review Crawford v. LVNV Funding, LLC, 758 F.3d 1254, 1257 (11th Cir. 2014) cert. denied, No. 14-858, 2015 WL 246891 (U.S. Apr. 20, 2015), an Eleventh Circuit decision that...more

Second Circuit Rules FDCPA Does Not Require Disclosure of Settlement’s Tax Consequences

The U.S. Court of Appeals for the Second Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) does not require a debt collector to disclose the possible tax consequences of a debtor’s acceptance of a...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

Sued by Midland Funding in Arizona? 3 Ways to Deal with the Lawsuit

When faced with a difficult situation it is comforting to know your options. If you have been sued by one of the junk debt buyers like Midland Funding, CACH, LLC, or Portfolio Recovery you are likely loosing a lot of sleep...more

3 Proven Strategies for Dealing with a Midland Funding Lawsuit [Video]

Midland Funding files hundreds of thousands of debt collection lawsuits against consumers each year. Over 90% of these lawsuits end up in a default judgment because people aren't sure what they should do. In this video I...more

UDAAP Council Weekly UDAAP Standards Report - 4/22/2015

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

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

CFPB Announces Action Against National Debt Collection Company

On March 30, the CFPB announced an enforcement action against a nationwide debt collection operation and its CEO for allegedly violating the FDCPA. The Bureau’s complaint alleges that the debt collection operation (i) posed...more

Why the CFPB’s new lawsuit resembles “Operation Choke Point”

Yesterday, the CFPB announced that it had filed a lawsuit against “the ringleaders of a robo-call phantom debt collection operation, their companies, and their service providers.” This is the same lawsuit filed in federal...more

CFPB Proposals for Small-Dollar Loans: An Attempt to Kill an Industry?

On March 26, the Consumer Financial Protection Bureau (CFPB or Bureau) announced several proposals to regulate short-term and longer-term consumer loans. According to the Bureau, the proposals will likely have the effect of...more

New Regulations Likely to Yield New Theories

The plaintiffs’ bar, drawing inspiration from the Consumer Financial Protection Bureau (CFPB) regulations that took effect in early 2014, have begun to pursue new theories of liability under old causes of action. The new...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

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