Debt Collectors

News & Analysis as of

Envelope’s Display of Bar Code With Embedded Account Number Violates FDCPA, Federal Court Rules

A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA

Joining a national trend, the United States Court of Appeals for the Third Circuit recently held that a plaintiff must allege more than just a misleading representation to prevail on a claim under the Fair Debt Collections...more

7 Reasons You May Win Your Debt Collection Lawsuit that have Nothing to Do With the Law

Often here on my blog I will discuss some of the more technical legal arguments that can help you win your case against junk debt buyers. However, in a surprisingly high number of cases you end up winning simply for showing...more

Pennsylvania Federal Court Holds that Envelope with Visible Bar Code That Could Be Scanned To Reveal Consumer’s Account Number May...

Action Item: In light of this decision, debt collectors should avoid the use of account numbers and/or QR codes on envelopes or within the viewing area of clear plastic envelope windows. Revealing such information on...more

CFPB Launches Monthly Complaint Report to Spotlight Consumer Complaint Trends

Last week, the CFPB launched a new series of monthly reports to “highlight key trends from consumer complaints submitted to the Bureau.” The CFPB intends for each monthly report to provide top-level highlights of consumer...more

Chase Bank Ordered to Stop Collecting on 528,000 Accounts – Pay $50 Million to Consumers

On July 8, 2015 the Consumer Financial Protection Bureau (CFPB) and 47 states took action against Chase Bank for illegal debt collection activities involving the sale of delinquent accounts to third-party junk debt buyers. ...more

NC Legislative Update for July 2015 #2

This Week - After a week-long summer recess, lawmakers returned to Raleigh to resume the business of the State. The House finally appointed budget Conferees on Tuesday, nearly a month after receiving the Senate version...more

CFPB Releases First Monthly Consumer Complaint Report

The CFPB has released its first in a series of new monthly reports on consumer complaints. The CFPB says that the purpose of these reports is to identify trends with respect to volume, product type, and geographic region....more

Third Circuit Clarifies FDCPA Restrictions on Third-Party Communications

Action Item: Lenders and servicers should continue to maintain policies and procedures that minimize third-party communications and ensure maintenance of sufficient records documenting the frequency and purpose of those...more

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

Credit Card Issuer Debt Collection Consent Order: The CFPB’s Latest Rulemaking Through Enforcement Effort

On Wednesday, July 8, the CFPB announced its latest — and largest — settlement of claims of unfair and deceptive debt collection practices. The OCC and 47 State Attorneys General all were part of the overall settlement. The...more

NCLC recommends debt collection regulations to the CFPB

In a new report entitled “Debt Collection Communications: Protecting Consumers in the Digital Age,” the National Consumer Law Center “specifies the regulations the [CFPB] should adopt regarding when, where, how, and how often...more

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

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