Compliance

Notifying an individual in a collection letter than not paying a debt may have a negative effect on that person’s credit score does not rise to the level of violating the Fair Debt Collection Practices Act, according to a District Court judge in Michigan, especially when the individual’s alleged emotional …

The Consumer Financial Protection Bureau is being sued over an interim final rule it issued saying that collectors may face prosecution under the Fair Debt Collection Practices Act for not providing written notices to individuals being evicted, with plaintiffs claiming their First Amendment rights under the Constitution are being violated …

Condition codes can be tricky when credit reporting. Changing a code when an investigation is complete is not always as simple as it sounds. In the latest episode of “Ask The Credit Reporting Expert,” Lauren Burnette of Messer Strickler walks through some of the variables that come into play when …

A District Court judge in Alabama has denied a plaintiff’s motion for summary judgment and granted a defendant’s motion on most of the claims it violated the Fair Credit Reporting Act and the Fair Debt Collection Practices Act after it attempted to collect on an unpaid debt related to an …

The number of 1692c(b) lawsuits alleging that a debt collector communicated information with a third party in violation of the Fair Debt Collection Practices Act continues to explode in the weeks following the Eleventh Circuit Court of Appeals’s ruling in Hunstein v. Preferred Collection and Management Services. There have been …

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The Eleventh Circuit Court of Appeals has dismissed an appeal filed by a plaintiff seeking to recover additional recoveries after being awarded $14,000 in a Telephone Consumer Protection Act case against a collector. A copy of the ruling in the case of Floyd v. Navient Solutions can be accessed by …

In a sign of what is likely to come, lawsuits alleging violations of the Fair Debt Collection Practices Act increased 19% in March compared with February, although the total for the first quarter of 2021 is still well below that from the same period last year, according to data released …

A District Court judge in Washington has denied a defendant’s motion to dismiss claims it violated the Fair Debt Collection Practices Act after it was accused of continuing to demand payment and moving forward with a collection lawsuit even though it had been notified by the plaintiff’s attorney that the …

The Federal Trade Commission has reached a $20 million settlement with a company accused of violating the Fair Credit Reporting Act by improperly obtaining individuals’ credit reports and the FTC’s Red Flags Rule for failing to implement an identity theft program. The company, Vivint Smart Homes, will pay a $15 …