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Third Circuit Holds Debtors Need Not Dispute Debt Before Filing Suit Under FDCPA

In McLaughlin v. Phelan Hallinan & Schmeig, LLP, the United States Court of Appeals for the Third Circuit recently held that debtors are not required to notify a debt collector in writing regarding a disputed debt as a...more

Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA

On June 26, 2014, in McLaughlin v. Phelan Hallinan & Schmieg, LLP, the Third Circuit held that a consumer is not required to seek validation of a debt he believes is inaccurately described in a debt collection communication...more

Disputing Debts under the FDCPA – The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.

In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first...more

All Consuming: Legal Updates for Consumer Finance Professionals - July 2014

In This Issue: - Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions: America's fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting...more

Are You Being Sued by Alco Capital Group?

I handle a lot of debt collection lawsuits where the party suing is not the original creditor. Debt buyers – companies that purchase large pools of charged off debt – often file a lawsuit soon after they allegedly acquire...more

Status Updates - June 2014 #6

Debt collectors are using social media more and more frequently to try to track down people who owe money, but they are bound by restrictions in the Fair Debt Collection Practices Act when they do so, just as if they used...more

How Long Do I Have to Bring My FDCPA Claim?

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that prohibits debt collectors from treating the people who they are attempting to collect from unfairly or with disrespect. Common violations of the FDCPA...more

Demand Decency in Debt Collection

Financial difficulties can be all encompassing. The stress associated with not being able to pay your bills touches on everything from being able to pay for your kid’s schools lunch to wondering if your car is going to get...more

Court Strikes Class Allegations Against Lender And Foreclosure Service Providers For Failure To Satisfy Rule 23(a)(2)’S...

The Northern District of Illinois recently granted a motion to strike class allegations prior to class discovery. Plaintiff mortgagor alleged, inter alia, that in foreclosure proceedings, defendants engaged in unfair and...more

“Stop Calling My Work!” – Understanding the Fair Debt Collection Practices Act (FDCPA).

Pressure. Debt collectors want you to feel the pressure. And nothing is going to put pressure on you to pay the debt collector money like them calling your job and discussing your personal financial information with...more

A Congressional Response to Marx v. General Revenue Corp.

The case of Marx v. General Revenue Corp. is garnering even more attention. In December of 2011, the 10th Circuit affirmed the decision of the trial court that awarded costs to a prevailing defendant in a Fair Debt...more

5 Illegal Tactics of Debt Collectors

I have found that many people who are going through a financial crisis just accept the punishment inflicted upon them by abusive debt collectors. It is almost as if they believe that abusive debt collection is the price to...more

Debt Collection – “Can They Really Treat Me This Way?”

Day in and day out for nearly 11 years I have met with families who are going through financial difficulties. Something that may be surprising, and a little disconcerting, is that there isn’t a certain “type” of person or...more

How Facebook can Destroy your FDCPA Claim or Debt Collection Lawsuit

Social media can unravel your FDCPA claim or deep six possible defenses in your debt collection lawsuit faster than you say Facebook. It is easy to get a false sense of privacy when we are chatting away with family and...more

“Legal Action” Through the Eyes of the Least Sophisticated Consumer

In Fariasantos v. Rosenberg & Associates, LLC (Case No. 3:13cv543), a consumer brought a putative class action under the Fair Debt Collection Practices Act (the “FDCPA”) against a law firm. The consumer alleged that the law...more

Pennsylvania Federal Court Rules on Debt Collector’s Alleged Violations of FDCPA

The United States Court for the Eastern District of Pennsylvania denied a motion to dismiss a borrower’s claim that a debt collection letter failed to provide adequate notice of her right to dispute the validity of the debt....more

CFPB Releases Annual Report On Debt Collection

On March 20, the CFPB released its third annual report summarizing its activities in 2013 to implement and enforce the FDCPA. The report describes the CFPB’s and the FTC’s shared FDCPA enforcement authority, incorporates the...more

District Court Strikes Overly Broad TCPA Class Definition: the Claim of a “Wrong Party” Called is Atypical of the Claims of...

In Buonomo v. Optimum Outcomes, Inc., No. 13-cv-5274 (N.D. Ill. March 17, 2014), the United States District Court for the Northern District of Illinois granted a partial motion to strike class action allegations alleging...more

CFPB and FTC File Joint Amicus Brief Related to Time-Barred Debt under the FDCPA

In its continuing advocacy related to debtors and time-barred debt, the CFPB and FTC jointly filed an amicus brief urging the United States Court of Appeals for the Sixth Circuit to reverse a district court’s decision...more

Latest CFPB amicus brief reveals ongoing focus on time-barred debt

Last week, the CFPB filed an amicus brief, in conjunction with the FTC, in a case involving collection practices related to time-barred debt (debt for which the statute of limitations has expired). On March 5, 2014, the CFPB...more

In Virginia and NC, Consumers Can Dispute Debts Verbally

If you routinely collect debts from consumers, you are probably familiar with the requirements of the federal Fair Debt Collections Act (FDCPA)....more

Collection Letter Requiring Written Dispute Violated FDCPA, Fourth Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because it stated that the debtor could only dispute the debt in writing, the U.S. Court of Appeals for the Fourth Circuit has ruled. The Fourth...more

Fourth Circuit Rejects Inherent Writing Requirement Under FDCPA

The United States Court of Appeals for the Fourth Circuit vacated a lower court’s ruling holding that the Fair Debt Collection Practices Act permits consumers to dispute the validity of a debt orally. Plaintiffs filed a class...more

Does the FDCPA Permit a Consumer to Dispute the Validity of a Debt Orally?

On January 31, 2014, the United States Court of Appeals for the Fourth Circuit addressed the issue of whether a debt collection notice that advised consumers that they could only dispute the validity of their debt in writing...more

Fourth Circuit Lets Consumers Orally Dispute Validity of Debts

In a per curiam decision which vacated the lower court’s dismissal of a consumer class action under the federal Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Fourth Circuit, in a case of first...more

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