Compliance

It might not be a Hunstein case, but a District Court judge in Missouri has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by disclosing the existence of a debt to a third party — in …

A quartet of individuals have been charged with conspiracy to commit wire fraud and conspiracy to commit bank fraud in a $150 million payment processing scheme that included facilitating transactions for debt collectors, and one of the individuals remains at large, according to an indictment that was unsealed yesterday in …

A ruling that should have every debt collector going through their insurance policies to make sure they have the proper coverage … The Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of an insurance company that was being sued by a law firm …

These days, collectors are being accused as much for what they do not say in collection letters as what they do say. Take, for instance, a case out of the District Court for the District of Connecticut, in which a judge has granted a defendant’s motion to dismiss a class-action …

The two consumer advocates on the California Department of Financial Protection and Innovation’s Debt Collection Advisory Committee have come out and made two recommendations to protect Californians “from illegal collection practices and lawsuits.” The two advocates — Prasad Krishnamurthy, a professor of law at the UC Berkeley School of Law, …

The plaintiffs in a suit that was filed seeking to overturn a new medical debt collection law in Nevada have filed a motion to amend their complaint, seeking to add in a new argument that the law creates a false sense of urgency in violation of the Fair Debt Collection …

If a tree falls in the forest and nobody is around to hear it, does it make a sound? Similarly, if a statement in a collection letter allegedly violates the Fair Debt Collection Practices Act, but the recipient of the letter testifies that she doesn’t recall ever seeing it, does …

While the number of lawsuits against companies in the accounts receivable management industry continued to decline, the individuals who are filing more than one lawsuit is on the rise, according to data released recently by WebRecon. The number of suits alleging violations of the Fair Credit Reporting Act, the Fair …

Is there a way for a debt collector to structure a collection letter to make it appear that it is mandatory for the consumer to dispute the debt? Or that disputing a debt and making a payment are mutually exclusive? In a case that was defended by Rick Perr of …

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