Fair Debt Collection Practices Act

Recent Posts in Fair Debt Collection Practices Act

  • Debt Collection Harassment: How to Protect Yourself

    As debt has become a profitable business, debt collection agencies have sprouted and thrived throughout the country. Unfortunately, these agencies and the debt collectors they employ can become overly aggressive in their efforts to collect money from ...
  • The Ninth Circuit Court of Appeals reversed a district court’s summary judgment in favor of a defendant regarding the Fair Debt Collection Practices Act (FDCPA), which requires that a debt collector must send a consumer notice about specific ...
  • CFPB Hearing on Debt Collection

    Debt collection is a $13.7 billion industry in the United States that employs over 130,000 people. At the Consumer Financial Protection Bureau (CFPB) Field Hearing on Debt Collection on July 28, 2016, Director Richard Cordray noted that much work ...
  • Bad news for debt collectors: the 11 th Circuit Court held in Johnson v. Midland that debt collectors may face penalties under the Fair Debt Collection Practices Act (FDCPA) for filing proofs of claims in bankruptcy for debts in which the statute of ...
  • Motions to Dismiss Denied in FDCPA/FCRA Case

    A recent FDCPA/FCRA case out of the U.S. District Court Northern District of Illinois Eastern Division resulted in a denial of all attempts by the defendant to dismiss the counts against them. Bayview Loan Servicing, LLC is accused of failing to ...
  • insideARM Spotlight: April FDCPA Case Law Review

    Each month, insideARM provides a case law review highlighting positive, and some negative, outcomes for the accounts receivable management industry. Here are some notable cases: Bloodworth v. United Credit Service, Inc. The court affirmed that use of ...
  • Motion to Dismiss Denied in FDCPA Case

    In December of 2015, Latonia M. Foster filed a lawsuit against Allianceone after receiving a collection letter that violated Section 1692e of the Fair Debt Collection Practices Act (FDCPA). Soon after, the defendant filed a Motion to Dismiss pursuant ...
  • The Supreme Court recently threw out the decision made by the Ninth Circuit Court in the case of Spokeo Inc. v. Thomas Robins, which held that a plaintiff does not have a legal right to sue simply by alleging bare, technical violations of statute. On ...
  • Justices Wrestle with Debt Collection Tactics

    The Supreme Court recently heard oral arguments in a case involving an Ohio law that allows the state attorney general to use “special counsel” (independent contractors) to collect tax debts. This law has been in effect as far back as the ...
  • Beware of This New Debt Collection Scam

    The Federal Trade Commission is warning consumers of a new debt collection scam involving fake collection notices for phantom debts. According to the FTC website, criminals are putting a creative – and scary – twist on an old scam by ...
  • One of the largest debt collectors in the United States, Midland Credit Management, Inc. is facing a potential class action lawsuit from consumers accusing the company of trying to force payment of old debts that are no longer legally enforceable. ...
  • In April of 2004, Kevin Prescott obtained a loan of $160,000 from Bank of America in order to purchase a piece of real estate in Pembroke Pines, Florida. Years later in 2012, Prescott defaulted on his mortgage, and Seterus, Inc. made preparations to ...
  • One of the benefits of filing for bankruptcy is the protection of the automatic stay. During the bankruptcy process, creditors are forbidden from carrying out any sort of collection activities against you, including harassing phone calls, mail ...
  • The National Consumer Law Center (NCLC) has issued recommendations to the CFPB that would further regulate when and in what manner debt collectors can contact consumers. One recommendation is to prohibit debt collectors from calling cell phones or ...
  • A jury in Missouri has ordered Portfolio Recovery Associates (PRA) to pay Maria Mejia almost $83 million for violations of the Fair Debt Collection Practices Act (FDCPA) and for malicious prosecution. The majority of the award is based on punitive ...
  • Can They Really Call Me This Much?

    In my experience, many of my clients are plagued by collection calls. Many of these calls violate a bankrupcty discharge, or are made once the debt collector knows that my client is represented. In those cases, I would argue that the Fair Debt ...
  • New York State Unveils New Debt Collection Regulations

    New York governor Andrew Quomo recently announced New York's new debt collection regulations. The regulations, issued under a provision of the New York Financial Services law, seek to provide consumers with additional protections that they did ...
  • Two years ago, I wrote a blog post about debt collectors using prosecutors' letterhead to collect a debt. This is generally done because the prosecutor takes a cut of any funds recovered. On November 12, the American Bar Association's ...
  • The Department of Justice took a lot of flak for failing to prosecute the banks whose mortgage lending practices contributed to the collapse of the housing market and the resulting recession. Other regulatory efforts have been similarly maligned by ...