News & Analysis as of

Fair Debt Collection Practices Act

K&L Gates LLP

Not a Preferred Course: 11th Circuit Decides FDCPA Question in Hunstein v. Preferred Collection and Management Services

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On 21 April 2021, the 11th Circuit held that a debt collector’s transmittal of a customer’s debt-related data to a third-party letter preparation vendor without authorization stated a Fair Debt Collection Practices Act...more

Weiner Brodsky Kider PC

Court Denies Dismissal of FDCPA Claim for Including Unmatured Attorneys’ Fees in Demand

A federal judge in Virginia recently denied dismissal of a plaintiff’s claim that a defendant noteholder and his attorneys violated the Fair Debt Collection Practices Act (FDCPA) by including a demand for payment of...more

Goodwin

CFPB Sends Notification Letters to Landlords Regarding COVID-19 Evictions

Goodwin on

On May 3, 2021, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) sent notification letters reminding the nation’s largest apartment landlords of federal protections in place to keep tenants...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - May 2021 #2

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Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Dentons Davis Brown

Sample language for debt collectors in eviction matters.

Dentons Davis Brown on

Abstract: United States: Consumer Financial Protection Bureau provides sample disclosure language and guidance regarding its new rule imposed upon debt collectors of landlords. Debt collectors, as defined under the Fair...more

Bradley Arant Boult Cummings LLP

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more

Carlton Fields

More Is Not Merrier: Eleventh Circuit Sends Message to Debt Collectors Using Third-Party Vendors

Carlton Fields on

The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more

Akerman LLP

CFPB and FTC Put Landlords On Notice Regarding Tenants' Pandemic Protections

Akerman LLP on

On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest...more

Adams and Reese LLP

Eleventh Circuit Renews the FDCPA as a Consumer Privacy Statute; Deals Major Blow to Debt Collection Services Industry

Adams and Reese LLP on

Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute?  In an apparent issue of first impression, the...more

Cozen O'Connor

Residential Landlords Reminded Of Tenant Protections Under CDC’s Eviction Moratorium

Cozen O'Connor on

The Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) sent joint notification letters to the largest residential landlords in the United States, reminding them of the COVID-19-related...more

Troutman Pepper

Western District of Washington Denies Defendant’s Motion to Dismiss Based on Plaintiff’s Allegations That She Did Not Owe the Debt

Troutman Pepper on

In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at...more

Troutman Pepper

In Certifying FDCPA Letter Class, Northern District of California Finds That Whether the Underlying Debt Was Incurred for Personal...

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A district court judge in California has certified a FDCPA letter class involving billing and collection letters sent by a collection company used by Hertz car rental agency. The plaintiff in DeNicolo v. Hertz Corp. alleges...more

Weiner Brodsky Kider PC

CFPB Issues Updated Debt Collection Small Entity Compliance Guide

The CFPB recently published an updated Debt Collection Small Entity Compliance Guide.  The updated guide incorporates contents from the Fair Debt Collection Practices Act Final Rule that was issued in December 2020...more

Cozen O'Connor

Consumer Financial Protection Bureau Enters Eviction Fray With New Ruling Under FDCPA

Cozen O'Connor on

On April 19, 2021, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule intended to help residential tenants facing eviction for nonpayment of rent.1 2 This rule was issued under the CFPB’s authority...more

McGlinchey Stafford

Communication To Vendor Violates FDCPA Third-party Communication Prohibition

McGlinchey Stafford on

On April 21, 2021, the Eleventh Circuit Court of Appeals held that: i) a violation of the Fair Debt Collection Practice Act’s (FDCPA) prohibition against communicating with a third-party in connection with the collection of a...more

Troutman Pepper

Eleventh Circuit Throws Debt Collectors Under the FDCPA Bus for Sharing Account Information with Letter Vendors

Troutman Pepper on

In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread...more

Troutman Pepper

“Consumer Debt” and Collection Letters: Arizona District Court Denies Plaintiff’s Motion for Partial Judgment on the Pleadings

Troutman Pepper on

In Uvaldo v. Germain Law Office PLC, an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. In its holding, the court emphasized that the...more

Hinshaw & Culbertson - Consumer Law Hinsights

Consumer Law Hinsights – April 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. Eleventh Circuit Delivers Surprising Decision on Use...more

Alston & Bird

Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

Alston & Bird on

The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more

Bressler, Amery & Ross, P.C.

Debt Collectors Must Be Mindful of Communications with Third Parties Regarding Consumers in Alabama, Florida, and Georgia

Noting it was a matter of first impression, on April 21, 2021, the Eleventh Circuit held consumers may assert a claim under Section 1692c(b) of the Fair Debt Collection Practices Act (the “FDCPA”) for a debt collector’s...more

Dentons

Sample disclosure language for debt collectors in nonpayment evictions

Dentons on

Debt collectors, as defined under the Fair Debt Collection Practices Act, are now obligated to provide affirmative notice to tenants in non-payment eviction matters of their protections under the CDC Eviction Order, as...more

Weiner Brodsky Kider PC

11th Circuit Finds Data Transmission to Vendor Constitutes a Communication to a Third Party Under FDCPA

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion holding that, when a debt collector sent a consumer’s information to a vendor responsible for creating a dunning letter, that action constituted a...more

Troutman Pepper

Display of Data Symbols Similar to QR Code Visible Through Envelope Window Insufficient to Establish Article III Standing

Troutman Pepper on

In Nyanhongo v. Credit Collections Servs., the Eastern District of Pennsylvania held that the display of “data symbols similar to a” quick response code (QR Code), without more, was insufficient to establish Article III...more

Cohen Seglias Pallas Greenhall & Furman PC

CFPB Enacts New Protections for Tenants Under the CDC Eviction Moratorium

On April 16, 2021, the Consumer Finance Protection Bureau (CFPB) issued an Interim Final Rule which, effective May 3, 2021, requires all “debtor collectors” pursuing an eviction to provide written notice to the tenant(s) of...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2021

CFPB Takes Steps to Avoid a Possible Wave of Home Mortgage Loan Foreclosures - The CFPB has issued guidance to mortgage servicers, including banks that service mortgage loans for third-party noteholders, that the CFPB...more

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Updated: Apr 27, 2021:

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

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

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Updates to This Policy

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