News & Analysis as of

Debt Collectors

Debt Collection Letter's Inclusion Of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza....more

FTC Reaches Settlement With Debt Collector; Imposes Financial Penalties and Other Remedies

by BakerHostetler on

On Dec. 5, 2017, the Federal Trade Commission reached a settlement with three defendants who it alleged partook in deceptive, abusive and unfair debt collection practices in violation of the Federal Trade Commission Act and...more

Invoking Bigfoot, the Eastern District of New York Highlights the Absurdity of New FDCPA Theories

by Hinshaw & Culbertson LLP on

Suggesting that the latest FDCPA plaintiff's theories in New York have morphed into something other than consumer protection, Judge Glasser of the Eastern District of New York ("EDNY") penned an extensive (and rather...more

Northern District of New York Dismisses another Avila Claim Based on Accrual of New York Pre-Judgment Interest

by Hinshaw & Culbertson LLP on

One of the latest trends in the New York FDCPA space has been filing so called "Reverse Avila" cases, based on the Second Circuit's decision in Avila v. Riexinger and Assocs.. In Avila, the Second Circuit found that a debt...more

Bill Introduced in Congress to Exclude Attorneys and Law Firms from the FDCPA's Definition of "Debt Collector"

by Hinshaw & Culbertson LLP on

Yesterday, December 5, 2017, Texas Democrat Vincente Gonzalez introduced a bill in the House of Representatives to amend the Fair Debt Collection Practices Act’s definition of a "debt collector." The Bill also seeks to amend...more

Federal Court Holds 30-Day Validation Notice Language Violates FDCPA

by Ballard Spahr LLP on

A federal district court in Pennsylvania recently granted summary judgment to a debtor in a lawsuit filed against a collection law firm under the Fair Debt Collection Practices Act (FDCPA)....more

New York Federal Court Demands that FDCPA Plaintiffs Read Entire Debt Collection Letter to Determine Creditor's Identity

by Hinshaw & Culbertson LLP on

In Goldstein v. Diversified Adjustment Serv., the Eastern District of New York may have walked back one of the new favorite Fair Debt Collection Practices Act (the "FDCPA") claims—namely that the creditor was not properly...more

Nice Try – Court Rebuffs Debt Collector's Attempt to Purchase Lawsuit Against Itself

by Ballard Spahr LLP on

A debt collector cannot avoid claims under the Fair Debt Collection Practices Act (FDCPA) by purchasing the debtor's lawsuit, according to a recent opinion from the U.S. Court of Appeals for the Ninth Circuit. ...more

FTC Obtains TRO Temporarily Freezing Assets of Georgia-Based Debt Collection Business

by Goodwin on

?On November 8, a federal court in Georgia issued a temporary restraining order against a Georgia-based debt collector, freezing its assets and granting the Federal Trade Commission (“FTC”) immediate access to its business...more

Financial Services Weekly News - November 2017 #2

by Goodwin on

Editor's Note - Change at the Fed. As expected, on November 2, President Trump nominated Jerome H. Powell to be Chairman of the Board of Governors of the Federal Reserve System (FRB) for a term of four years beginning...more

FTC and Illinois AG Settle With “Phantom” Debt Collectors For $47 Million

by Goodwin on

?On November 1, the Federal Trade Commission (FTC) and Illinois Attorney General’s Office (Illinois AG) announced that they had reached a settlement to resolve a joint action brought against affiliated Chicago-based debt...more

FTC Obtains $4.1 Million Judgment Against Seller of Fake Payday Loans

by Goodwin on

On October 17, 2017, the Federal Trade Commission (FTC) announced? that it obtained a $4.1 million default judgment from the U.S. District Court for the District of Kansas against a phony debt collection operation that sold...more

Payday Debt Collector, Servicer Must Forgive $12M

Shortly before the Consumer Financial Protection Bureau (CFPB) issued its payday loan rule, the New York Department of Financial Services (DFS) announced a consent order with a payday loan servicer and debt collector totaling...more

Eleventh Circuit Continues To Explore Definition Of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. As many may recall, the Eleventh Circuit’s opinion in...more

District Court Provides Successful Road Map for Bona Fide Error Defense

The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” 15 U.S.C. § 1692d(6). The FDCPA also includes a “bona fide...more

The Saga Continues: Who, Exactly, is a Debt Collector?

One overarching certainty of federal debt collection law seems to be prolonged uncertainty over its appropriate scope. Is this scope about to change yet again? One recent bill called the Practice of Law Technical...more

Eleventh Circuit Holds That Voicemails Are "Communications" and Clarifies "Meaningful Disclosure" under the FDCPA

by Blank Rome LLP on

Action Item: The Eleventh Circuit held that a first voicemail from a debt collector constitutes a “communication” based on a plain reading of the Fair Debt Collection Practices Act (“FDCPA”). In addition, in a case of first...more

Trends In IRS Compliance Activities Through Fiscal Year 2016

by Fox Rothschild LLP on

On September 11, 2017, the Treasury Inspector General for Tax Administration (TIGTA) issued its final report discussing IRS compliance activities through fiscal year 2016 (the federal government’s fiscal year begins on...more

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement

by Hinshaw & Culbertson LLP on

The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter...more

Interesting and Useful Cases in Torts and Insurance - June 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance....more

Senators Suggest Abuses Pending Implementation of the Federal Debt Collector Exception to the TCPA

by Dorsey & Whitney LLP on

Senators Edward J. Markey (D-Mass.) and Michael S. Lee (R-Utah) are taking yet another stab at invoking the Telephone Consumer Protection Act (TCPA) against federal debt collectors, even though the Federal Communications...more

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

Recent Massachusetts AG consent order places new requirements on debt collection law firm

by Ballard Spahr LLP on

In a recent consent order with a legal collection law firm, the Massachusetts Attorney General imposed significant restrictions on legal collection that go beyond previous CFPB consent orders, which we covered here. We...more

If the CFPB is Remiss, the Court Must Dismiss: CFPB Must Provide Facts to Support Its Claims

by Clark Hill PLC on

On Friday, August 25, 2017, a Federal District Court in the Northern District of Georgia took the extraordinary step of dismissing an enforcement action brought by the Consumer Financial Protection Bureau ("CFPB" or "Bureau")...more

Federal district court sanctions CFPB for deposition conduct; strikes four counts from complaint and dismisses defendants

by Ballard Spahr LLP on

A federal district court in Atlanta has granted the defendants’ motions for Rule 37 sanctions against the CFPB for its conduct in connection with the defendants’ depositions of CFPB witnesses. To sanction the CFPB, the court...more

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