News & Analysis as of

Debt Collection

Nelson Mullins Riley & Scarborough LLP

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could...

The United States Supreme Court heard oral argument in the case Obduskey v. McCarthy & Holthus LLP on January 7, 2019. The Court’s ruling in this case could have major implications for all organizations—including law...more

Manatt, Phelps & Phillips, LLP

New Year, New CFPB? Kraninger Memo Sparks Debate

Perhaps setting the tone at the Bureau of Consumer Financial Protection (CFPB or Bureau), new Director Kathy Kraninger urged Bureau employees to “vigorously enforce the law” but refrain from presuming guilt about industry...more

Ballard Spahr LLP

Sixth Circuit: FDCPA Requirement to Cease Collection Pending Debt Validation Can Include Third-Party Activities

by Ballard Spahr LLP on

In a matter of first impression, the U.S. Court of Appeals for the Sixth Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) requirement for a debt collector to "cease collection of the debt" after receipt...more

Goodwin

Supreme Court Hears Argument on Future of FDCPA Landscape

by Goodwin on

The issue of whether the Fair Debt Collection Practices Act (FDCPA) applies to non-judicial foreclosure proceedings is now squarely before the U.S. Supreme Court. Following oral arguments last week in the case Obduskey v....more

Thompson Coburn LLP

[Webinar] TC Higher Ed - Fair Debt Collection Practices Act & Student Loan Servicing Licensing - January 24th, 12:00pm CT

by Thompson Coburn LLP on

The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices. It also protects reputable debt...more

Ballard Spahr LLP

New York adopts amendments addressing collection of family member debts

by Ballard Spahr LLP on

On December 28, 2018, New York Governor Cuomo signed into law amendments to the state’s General Business Law (GBL) that address the collection of family member debts.  The amendments made by Senate Bill 3491A become effective...more

Womble Bond Dickinson

Gateway to arbitration: Fourth Circuit compels arbitration of FCRA case

by Womble Bond Dickinson on

Last week, the Fourth Circuit reaffirmed the critical importance of a strong arbitration agreement, finding that a “delegation clause” required arbitration of the “gateway” issue of arbitrability. In an unpublished opinion,...more

Husch Blackwell LLP

Foreclosing On A Unit When Owner Discharged In Bankruptcy

by Husch Blackwell LLP on

The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a...more

BakerHostetler

Supreme Court to Rule on Whether the Fair Debt Collection Practices Act Applies to Nonjudicial Foreclosure Proceedings

by BakerHostetler on

Currently before the U.S. Supreme Court is whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA)....more

Locke Lord LLP

Debt Collector Granted Summary Judgment in $0.00 Line Itemization Case in the Northern District

by Locke Lord LLP on

In June 2018, we wrote here about a developing conflict in the Northern District of Illinois that could have serious ramifications for the debt collection community. In Delgado v. Client Services, Inc., 2018 WL 1193741 (N.D....more

Ballard Spahr LLP

Consumer advocacy groups make recommendations to Kraninger for debt collection rulemaking

by Ballard Spahr LLP on

Seventy-four organizations that describe themselves as “consumer, community, civil rights, faith, labor and legal services groups” have sent a letter to CFPB Director Kathy Kraninger to “reiterate our concerns about...more

Burr & Forman

Grant v. Citizens Bank, N.A.: Florida Courts Agree that Statute of Limitations does not Bar Collection of Amounts More than Five...

by Burr & Forman on

In an opinion issued recently, Florida’s Fifth District Court of Appeal joined other Florida appellate courts in holding that the five-year statute of limitations to bring an action to enforce a promissory note and/or...more

Burr & Forman

Business Litigation E-Note - December 2018

by Burr & Forman on

The Fair Debt Collection Practices Act ("FDCPA") provides that a consumer is entitled to "reasonable attorney's fees" as part of a "successful" claim. Please see full E-note below for more information. ...more

Burr & Forman

Banking & Financial Services E-Note - December 2018

by Burr & Forman on

Litigation surrounding the Telephone Consumer Protection Act ("TCPA") is constantly changing. With this evolution, new issues arise on an almost daily basis, challenging those prosecuting and defending these claims. An...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker December 2018

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Ballard Spahr LLP

Fifth Circuit's Affirmance of Denial of Attorney's Fees to Successful FDCPA Plaintiff May Aid Collectors in Challenging Fee...

by Ballard Spahr LLP on

Debt collectors should take note of a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that a Texas federal district court was justified in relying on "special circumstances"...more

Balch & Bingham LLP

Under the FDCPA, Letters Can Still Mean What They Say.

by Balch & Bingham LLP on

The least sophisticated consumer doesn’t need everything spelled out for him. Or at least that’s what the Eleventh Circuit held recently in Conde v. Webcollex, LLC, No. 18-12551 — another case where a court finds that...more

Vedder Price

TCPA Case Law Review (Vol. 6)

by Vedder Price on

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

Burr & Forman

District Court in Alabama Dismisses Putative Class Action Alleging Settlement Letter Violated the FDCPA

by Burr & Forman on

In Swann v. Dynamic Recovery Solutions, LLC, No. 4:18-CV-1000-VEH, 2018 WL 6198997 (N.D. Ala. Nov. 28, 2018), the Northern District of Alabama dismissed a putative class action case alleging a letter seeking to collect a...more

Ballard Spahr LLP

State AGs enter into settlement with debt buyer to resolve robosigning allegations

by Ballard Spahr LLP on

The Attorneys General of 42 states and the District of Columbia (collectively, the States) have entered into an Assurance of Voluntary Compliance/Assurance of Discontinuance (Agreement) with Encore Capital Group, Inc. and its...more

Cozen O'Connor

The State AG Report Weekly Update December 2018 #1

by Cozen O'Connor on

Breaking News- Alaska Governor Appoints Kevin Clarkson as Attorney General- Recently elected Alaska Governor Mike Dunleavey, a Republican, appointed Kevin Clarkson as Attorney General, replacing AG Jahna Lindemuth....more

Womble Bond Dickinson

Government Benefit: Navient Wins Summary Judgment Based on Finding That Calls to Collect Government-Backed Debt are Exempted Under...

by Womble Bond Dickinson on

A great decision for Navient Solutions came down yesterday out of the Northern District of Alabama in Green v. Solutions, No. 1:17-CV-1453-VEH, 2018 U.S. Dist. LEXIS 201906 (N.D. Ala. Nov. 29, 2018). Navient Solutions had its...more

Womble Bond Dickinson

Bulletin: FCRA Litigation on the Rise!

by Womble Bond Dickinson on

New data offer fascinating insight into current trends for consumer finance litigation. According to WebRecon, Complaints to the Consumer Financial Protection Bureau have spiked by 10% in the last month alone. And, from...more

Burr & Forman

Eleventh Circuit Affirms Dismissal of FDCPA Letter Case, Says “Least Sophisticated Consumer” Does Not Receive Correspondence “In a...

by Burr & Forman on

For many of the claims asserted under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the “FDCPA”), courts are required to apply the “least sophisticated consumer” standard in evaluating the claim, an...more

Robins Kaplan LLP

Your Daily Dose of Financial News

by Robins Kaplan LLP on

GM’s Monday announcement about cutting 14,000 North American jobs drew the ire of the White House yesterday, which threatened to “end federal tax credits” that have helped subsidize the company’s electric-vehicle fleet....more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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