Fair Debt Collection Practices Act

News & Analysis as of

Eleventh Circuit: While FDCPA Applies to Litigation Activity, Higher Standard May Be Required to Establish Violation

On Tuesday, the Eleventh Circuit Court of Appeals expanded the scope of conduct that is actionable under the Fair Debt Collection Practices Act (“FDCPA”) to include communications directed to a debtor’s attorney. However, the...more

Valid at Inception Rule Shot Down by the Second Circuit

Marketplace lenders and investors that purchase interests in loans originated by banks should pay close attention as it could spawn a host of class action lawsuits if left standing. In a controversial opinion decided on...more

Eleventh Circuit: Enforcement of a Security Interest Is Not Debt Collection

The Eleventh Circuit Court of Appeals recently reaffirmed that enforcement of a security interest alone is not debt collection regulated by the Fair Debt Collection Practices Act (FDCPA). In Dunavant v. Sirote & Permutt,...more

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Second Circuit Decision Could Disrupt Secondary Market for Bank-Originated Loans

A May 22, 2015 decision by the U.S. Court of Appeals for the Second Circuit appears to disturb the generally settled body of law concerning the status of non-bank investors with respect to applicable usury laws for...more

CFPB Finalizes Automobile Finance Larger Participant Rule and Publishes Examination Procedures

On June 10, 2015, the Consumer Financial Protection Bureau (CFPB) announced a final rule that will allow it to supervise larger nonbank automobile finance companies. Accompanying the rule, it also published the procedures...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

Foreclosure Notices Subject to FDCPA, Federal Court Finds

Sending foreclosure notices to delinquent borrowers constitutes debt collection activity subject to the federal Fair Debt Collection Practices Act (FDCPA), a federal court in Nevada recently ruled. In Mallory v. McCarthy &...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

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

Locke Lord QuickStudy: CFPB Releases Spring 2015 Regulatory Agenda

On Friday, May 22, 2015, the CFPB released its Spring 2015 Rulemaking Agenda (Agenda), as mandated by the Regulatory Flexibility Act. These biannual agendas generally include details regarding rulemaking activity at the...more

Second Circuit Ruling Undermines National Bank Act Preemption of State Usury Laws for Loans Transferred to Non-Banks

The U.S. Court of Appeals for the Second Circuit ruled last week that a purchaser of charged-off debts from a national bank was not entitled to assert the preemption of state usury laws available to national banks under...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

Ninth Circuit: California Law Allows Prejudgment Interest Demand Without Judgment on Debt

On May 12, the Ninth Circuit held that a debt collection letter did not violate the FDCPA or California’s Rosenthal Act where the amount of the debt was certain, even though the debt collector had not yet obtained a judgment....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

Ninth Circuit Rules FDCPA and California Law Do Not Prohibit Collection Letter Seeking Prejudgment Interest

The U.S. Court of Appeals for the Ninth Circuit recently ruled that a debt collection letter seeking prejudgment interest on the debt did not violate the Fair Debt Collection Practices Act (FDCPA) or California’s Rosenthal...more

Governor Tomblin Signs into Law Significant Amendments to West Virginia Consumer Credit Protection Act

On March 31, 2015, West Virginia Governor Earl Ray Tomblin signed SB 542 into law. This new law amends frequently litigated sections of the West Virginia Consumer Credit Protection Act (“WVCCPA”), W. Va. Code section 46A, in...more

It’s Time for Arizona Courts to Stop Trusting Midland Funding

It has baffled me for years. Time and again I see courts give junk debt buyer Midland Funding the benefit of the doubt when it comes to the trustworthiness of their “evidence” and the testimony of their witnesses at trial –...more

National Mortgage Servicer Pays CFPB and FTC $63 Million to Settle Claims Over Alleged Servicing Violations

On April 21, 2015, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) announced a joint enforcement action and joint order with a national mortgage servicer. ...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

Supreme Court to Hear Historic FCRA Standing Case During October 2015 Term

On April 27, the United States Supreme Court granted a petition for a writ of certiorari seeking review of a hotly-debated question with potentially far-reaching implications: whether a mere violation of a federal statute,...more

11th Circuit: Publication of Foreclosure Sale Notices Does Not Fall within Purview of FDCPA

Andrew D. Dunavant, Jr., and Mary Dunavant (the Dunavants) appealed the district court’s partial denial of their motion for summary judgment and its grant of the defendant’s motion for summary judgment. Dunavant v. Sirote &...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

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