News & Analysis as of

Debt Collection

Eighth Circuit Joins Five Other Circuits in Applying a Materiality Requirement to FDCPA Claims

by Hinshaw & Culbertson LLP on

In Hill v. Accounts Receivable Services, LLC, a consumer sued a collection agency for violations of § 1692e of the Fair Debt Collection Practices Act (FDCPA) on allegations that the collection agency's exhibits submitted in a...more

Eighth Circuit Says Misleading Statements Must Be Material for FDCPA Liability

by Balch & Bingham LLP on

In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection...more

Health Care Providers Beware: Consumer Finance Regulations Apply Medical Debt Collection

by Baker Donelson on

While the prosecution of consumer banks and other lenders is the type of federal regulation that typically makes the headlines, many of the same debt collection regulations also apply to the collection of medical debts....more

Persistence Can Lead To Dollars Part II: Foreclosing On A Memorandum Of Lien

by LeClairRyan on

In our previous post, we considered one method a Community Association may use to preserve and collect its lien for unpaid assessments: the memorandum of lien....more

Persistence Can Lead to Dollars: Preserving the Community Association’s Lien for Delinquent Assessments – Part One

by LeClairRyan on

One of the most common questions we receive from Community Association clients is how do we preserve our lien for and recover delinquent assessments? ...more

No Bill of Sale, No Problem: Compelling Arbitration of FDCPA Claims

by Balch & Bingham LLP on

Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more

IRS To Turn Over Tax Collection Accounts to Private Collection Agencies – Watch Out for Scammers, Though!

by McNair Law Firm, P.A. on

The IRS recently announced that, beginning this month, the tax agency will be assigning certain unpaid tax accounts to private collection agencies. The IRS will retain and continue to collect most unpaid taxes. The IRS has...more

Massachusetts Supreme Judicial Court Holds Passive Debt Buyers Are Not Debt Collectors Under Massachusetts Law

by K&L Gates LLP on

The Massachusetts Supreme Judicial Court recently held in Dorrian v. LVNV Funding, LLC, that “passive debt buyers” are not “debt collectors” required to be licensed under the Massachusetts Fair Debt Collection Practices Act...more

Financial Services 2017 Year-End Report

by BakerHostetler on

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for...more

Look Before You Sign … the Pitfalls of Personal Guaranties

by Ward and Smith, P.A. on

Limited liability protections afforded by various corporate, limited liability, or limited partnership laws normally insulate business owners from personal liability for their business's debts. However, lenders routinely...more

Georgia AG announces settlement with debt collection company

by Ballard Spahr LLP on

On April 4, Georgia Attorney General Chris Carr (“AG Carr”) announced an $8.5 million settlement with a national debt collection company, resolving alleged Fair Debt Collection Practices Act (FDCPA) and the Georgia Fair...more

Georgia AG Announces $8.5 Million Settlement with Debt Collector

by Goodwin on

On April 4, Georgia Attorney General Chris Carr (“Georgia AG”) announced? an $8.5 million settlement with a national debt collector, resolving allegations that the company violated the Fair Debt Collection Practices Act...more

CFPB issues annual complaint report

by Ballard Spahr LLP on

The CFPB has issued its Consumer Response Annual Report that provides an analysis of the approximately 320,200 complaints received by the CFPB between January 1 and December 31, 2017.  (In 2016, the CFPB received...more

District Court Holds that the Verbiage, “Settlement Offers May Have Tax Consequences”, in a Debt Collector’s Form Collection...

The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. The Court held that a form collection letter with offers of settlement did not “use… false representation or...more

Has Mulvaney Gone Too Far? A Look at the CFPB’s Semi Annual Report to Congress

The CFPB has issued its semi-annual report to Congress, leaving little doubt as to the agenda of Acting Director, Mick Mulvaney. While the information contained in the actual report is largely inconsequential, it is...more

CFPB, FTC, and NY Attorney General Tout Their Debt Collection Actions

by Weiner Brodsky Kider PC on

The CFPB has released its 2018 Annual Report regarding the CFPB’s and FTC’s actions taken in 2018 to combat illegal debt collection practices. The CFPB and FTC in conjunction with other agencies, share enforcement authority...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Constance Anastopoulo Declares Candidacy for South Carolina Attorney General- Democrat Constance Anastopoulo announced her campaign for South Carolina AG in 2018....more

Sixth Circuit Shuts Down FDCPA Claim under Spokeo

by Balch & Bingham LLP on

In Hagy v. Demers & Adams, the Sixth Circuit looked to Spokeo, Inc. v. Robbins to hold that not all inaccuracies cause real harm sufficient to confer standing to bring suit under the Fair Debt Collections Practices Act...more

CFPB issues twelfth semi-annual report

by Ballard Spahr LLP on

The CFPB has issued its twelfth Semi-Annual Report to the President and Congress covering the period April 1, 2017 through September 1, 2017....more

Second Circuit Seeks to Provide Clarity as to Interest Disclosure

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more

Second Circuit Confirms Interest Disclaimer Not Required on Collection Notices Not Accruing Interest

by Blank Rome LLP on

In a win for the collection industry, the Second Circuit Court of Appeals confirmed an “interest disclaimer” is only necessary on collection notices if the debt is accruing interest. While this much-needed clarification may...more

Seventh Circuit Joins Others on Debt Validation Requirements

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more

Second Circuit Resolves Uncertainty Surrounding “Reverse Avila” Claims

by Hinshaw & Culbertson LLP on

The Court of Appeals seems to have halted much uncertainty surrounding “reverse Avila” claims by unanimously affirming the New York federal court’s decision in Taylor v. Financial Recovery Services, Inc., No. 17-1650, 2018...more

Bankruptcy Court: A Safer Place for Debt Collectors

by Balch & Bingham LLP on

Last year, the United States Supreme Court held that the FDCPA’s unique restrictions on debt collectors do not necessarily translate well in the world of bankruptcy. In Midland Funding. LLC v. Johnson, 137 S. Ct. 1407 (2017)...more

House Committee Okays Bill to Amend FDCPA to Exclude Law Firms from Definition of “Debt Collector”

The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R. 5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. The bill, if...more

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