Fair Debt Collection Practices Act Debt Collectors

News & Analysis as of

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

The TCPA: Basics, Targeted Industries, and Trends [Video]

The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing...more

Should You Write Post-Dated Checks to a Debt Collector?

Debt collectors will often ask you set up a payment plan for to pay a debt over time. And typically they are going to want more than just a promise to make the payments, they want you to give them your bank account...more

UDAAP Council Weekly UDAAP Standards Report - 3/25/2015

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

NY Attorney General, FTC Bring Joint Enforcement Actions against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are...more

CW02: How to Stop Debt Collectors from Calling Your Family, Friends, and Co-Workers

The job of a debt collector is to make you give them money. Debt collectors understand that if they can make you uncomfortable enough, whether it be through fear, embarrassment, or simply annoy unceasingly, that you will be...more

Debt Collectors Gone Wild!

Recently I spoke with a client who came really close to pulling out his wallet and sending thousands of dollars to a debt collector who had threatened and intimidated him and his family. You may be thinking – “how stupid – I...more

How to Stop Robo-Debt Collection Calls to Your Cell Phone

The phone rings…long pause…click…then automated voice comes on to give you a message. Whether it is a telemarketer, a debt collector, or who knows what, we have likely experienced being robo-called by a computerized system....more

Eighth Circuit Rules Disputed Debt Claim Does Not Violate FDCPA

On December 4, the U.S. Court of Appeals for the Eighth Circuit held that a debt collector did not violate the FDCPA by informing a consumer reporting agency (CRA) that a consumer owed a debt without also expressly indicating...more

Stop Debt Collectors from Calling Your In-Laws

A favorite tactic of debt collectors is to call the family and friends of the person they are trying to collect money from. And it makes sense…do you want your in-laws…your brother….your best friend…all knowing that you are...more

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action...more

Debt Collector’s TCPA Violation Does Not Establish FDCPA Violation, Pa. Federal Court Rules

The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more

You Still Can’t Violate the FDCPA by Complying With It…

In Gomez v. Oxford Law, 3:14-cv-00477, 2015 U.S. Dist. LEXIS 345, * 3 (M.D. Pa. Jan. 5, 2014), Ninouska Gomez filed suit under the Fair Debt Collection Practices Act (the “FDCPA”) after receiving a message from Oxford Law,...more

FDCPA – Your Consumer Bill of Rights

Debt collection phone calls…this is one of the top reasons people file for bankruptcy – so that they can avoid having to deal with debt collectors and all the garbage that goes with it. The thing is, you shouldn’t have to...more

New York Adopts More Stringent Debt Collection Regulations

Action Item: In advance of the 2015 effective dates, debt collectors that operate in New York should review their current policies and take necessary steps to comply with new state regulations that provide consumer...more

2014 Survey Of Class Action Cases In Virginia: The Statistics

In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more

“Start Spreading the News”: Recent New York Regulations Impact Debt Collection and Default Servicing

Last month, the New York Department of Financial Services (“DFS”) finalized a regulation with a number of novel requirements affecting debt collection (including servicing delinquent loans) in New York. Previously, debt...more

What Types of Debt Collectors Can Be Sued for Abusive Debt Collection Tactics?

Debt Collectors: These are companies and individuals who do nothing but debt collection. They are no the original creditor and don’t work directly for the original creditor but work for an outside collection agency. If...more

Quick Guide to Stopping Abusive Debt Collection Calls

The first sign that you have fallen behind on your bills is the non-stop debt collection calls. These calls are not only stressful but can cause problems with your family, your job, and even your health....more

New York, Zombie Debt and the CFPB

Earlier this month, New York adopted enhanced consumer debt collection regulations proposed by the New York State Department of Financial Services (NYDFS). The regulations, among other things, require debt collectors to...more

District Court Denies Motion to Dismiss Class Action Against Debt Collection Firm Over “Misleading” Collection Letters

On December 15, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action suit against a fund and law firm specializing in debt collection. Marucci et al v. Cawley & Bergmann, LLP et al,...more

20 Things Debt Collectors are Not Allowed to Do

Recently ABC News did a report on a debt collector that violated federal law and ended up getting sued by a woman he was trying to collect against. The court awarded her $33,000 for violations of the Fair Debt Collection...more

Financial Services Regulatory Bulletin - December 2014

In this issue: - CFPB Issues Final Rule on Regulation P: Annual Privacy Notices Can Be Delivered By Posting Online - ‘It Takes Hutzpah!’: D.C. Federal Judge Issues Stunning Rebuke of HUD Disparate Impact Rule...more

UDAAP Council Weekly UDAAP Standards Report - 12/03/14

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...more

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