News & Analysis as of

Debt Collectors

Financial Services Weekly Roundup - April 2018 #3

by Goodwin on

Editor's Note - Modest Proposals. Last week, federal banking regulators issued two proposals that would substantively amend certain regulatory capital regulations applicable to the nation’s largest banks. On April 10, the...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

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

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action...

A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and determining they were reasonably calculated to avoid any errors. Guynn v....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

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

Seventh Circuit Rules in Favor of a Debt Collector Regarding Steps to be taken in Compliance with the FDCPA and FCRA when a Debtor...

by Hinshaw & Culbertson LLP on

Hinshaw obtained a significant ruling in the Seventh Circuit in Walton, which involved claims under both the FDCPA and the FCRA. The Defendant sent Deborah Walton a dunning letter, which stated she owed delinquent debt on an...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

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

California Appellate Court Permits Debt Collection Suit against Mortgage Loan Servicer

by Hinshaw & Culbertson LLP on

Acknowledging a split of authority among the many federal courts reviewing whether a mortgage loan servicer falls within the FDCPA's definition of a "debt collector," one California appellate court has revived a putative...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

Debt Collectors Lose Another Northern District of Illinois FDCPA Class Action

by Locke Lord LLP on

On March 14, 2018, Judge Jorge Alonso of the United States District Court for the Northern District of Illinois issued a lengthy opinion in McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736, granting summary judgment...more

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. A New Jersey district court recently held that a debt...more

WVCCPA and the 2018 West Virginia Legislative Session Update #1

The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that...more

Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable...more

Court Of Appeal Finds Mortgage Servicer To Be A Debt Collector

by Allen Matkins on

Rosenthal Fair Debt collection Practices Act defines a "debt collector" as "any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engaged in debt collection". Cal. Civ....more

Judge Refuses to Put Debt Collector “Between a Rock and a Hard Place”

by Locke Lord LLP on

For years, debt collectors have complained about the Catch-22 they face under the Fair Debt Collection Practices Act (FDCPA)—provide too much detail and face liability for confusing the unsophisticated consumer, but provide...more

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

by Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

6th Circuit Says No Standing for FDCPA Claim under Spokeo

by Weiner Brodsky Kider PC on

The Sixth Circuit Court of Appeals recently held that two plaintiffs did not have standing to pursue their FDCPA claim for failure to make a required disclosure where the non-disclosure did not hurt the plaintiffs. The Sixth...more

Dismissing FDCPA Lawsuit, Sixth Circuit Calls Out Congress for Creating Statutory Remedies Where No Harm Has Occurred

by K&L Gates LLP on

The Sixth Circuit Court of Appeals recently ended a Fair Debt Collection Practices Act (“FDCPA”) lawsuit because the plaintiffs could not show that the allegedly offending letter had caused them actual harm. In Hagy v. Demers...more

Virginia AG Reaches $243,000 Settlement with Online Payday Lenders and Servicers

by Goodwin on

On February 23, 2018, the Office of the Attorney General of Virginia (“Virginia AG”) announced that it had entered into a settlement agreement with several affiliated online payday lenders and debt collection companies (the...more

District Court Holds That A Debt Collector May Not Rely On Information Provided By Creditor, Rejects Bona Fide Error Defense Claim

A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting...more

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