FDCPA, Debt Collectors | JD Supra Law News

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 3/1/2013

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

by Francis X. Riley, III, Michael Rowan | Saul Ewing LLP on 2/28/2013

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

FTC Recaps Debt Collection Activities For Annual CFPB Report

by BuckleySandler LLP on 2/26/2013

On February 1, the FTC sent a letter to the CFPB describing the FTC’s debt collection-related activities over the past year. The responsibility to report to Congress each year on implementation and enforcement of the FDCPA...more

FTC Continues To Target Debt Collectors and Debt Relief Companies

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 2/11/2013

The Federal Trade Commission’s continuing focus on the debt collection and debt relief industries was clearly demonstrated by several recently announced lawsuits and settlements....more

Sixth Circuit Holds that Mortgage Foreclosure and Foreclosure Lawyers are Subject to the FDCPA

by Victoria Holstein-Childress | Reed Smith on 2/4/2013

Overview - The U.S. Court of Appeals for the Sixth Circuit recently held that mortgage foreclosure actions are "debt collection" under the Fair Debt Collection Practices Act (FDCPA). Glazer v. Chase Home Finance LLC, No....more

Mortgage Banking Update - January 25, 2013

by Richard J. Andreano, Jr., Barbara S. Mishkin, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/25/2013

In This Issues: - CFPB Generates Flurry of New Mortgage Banking Industry Rules - CFPB Issues Final ECOA Appraisal Rule - 20 State Agencies Adopt Uniform State MLO Testing - Mortgage Foreclosure Is Debt...more

California District Court Holds Assignee Indirect Auto Finance Company Not Subject To FDCPA

by BuckleySandler LLP on 1/24/2013

On January 9, the U.S. District Court for the Central District of California held that an indirect auto finance company that took assignment of a retail installment sales contract from an automobile dealer is not a debt...more

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/24/2013

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

Justice Department Settles ADA Claims against Debt Collector

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/8/2013

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

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FDCPA › Debt Collectors