A District Court judge in Colorado has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter that informed the recipient that calling to obtain more information or making a payment on …
Read More »Appeals Court Affirms Dismissal of FDCPA Suit Over Letter Itemizing ‘$0.00’ in Interest, Fees
The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the defendant was sued for itemizing the interest and fees due as “$0.00” in a collection letter because the plaintiff claimed the itemization falsely implied that they could …
Read More »Experts React to Regulation F Delay
Last week, the Consumer Financial Protection Bureau announced it was seeking to delay the enactment of Regulation F, the debt collection rule, for two months. The CFPB said it was seeking the delay to giver companies more time to comply because of the COVID-19 pandemic. AccountsRecovery.net reached out to legal …
Read More »Compliance Digest – April 12
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »Pa. AG Settles With Collector Over Payday Loan Scheme
The Attorney General of Pennsylvania announced separate settlements with the former Chief Executive Officer of Think Finance and a debt collector, National Creditor Adjusters (NCA), in relation to a $133 million allegedly illegal online payday lending scheme. As part of its settlement, NCA has agreed to pay more than $600,000 …
Read More »Appeals Court Affirms Ruling in FCRA Judgment Case
The Court of Appeals for the Second Circuit has upheld a lower court’s ruling in favor of a defendant that was sued for allegedly violating the Fair Credit Reporting Act for how it identified a default judgment that had been subsequently settled on the plaintiff’s credit report. A copy of …
Read More »Judge Dismisses FDCPA Meaningful Review Case for Lack of Standing
A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on …
Read More »Judge Partially Grants MTD in FDCPA Class-Action, Calls Out Collectors For Not Being Clear Enough in Letters
A District Court judge in New Jersey has granted a defendant’s motion to dismiss on two claims that it violated the Fair Debt Collection Practices Act, but denied the motion related to the other claims, while also sharing his displeasure at how collectors have induced “endless litigation” because of how …
Read More »Bill Introduced to Keep ‘Predatory’ Collectors From Accessing PPP Loans
A bill has been introduced in the House of Representatives that seeks to cut off any debt collector from receiving additional funds under the Paycheck Protection Program if that collector has been found to have violated any provision of the Fair Debt Collection Practices Act by a federal agency or …
Read More »Appeals Court Rules Settlement Does Not Entitle Plaintiff to Attorney’s Fees
In a case that was defended by Robbie Malone and Xerxes Martin of Malone Frost Martin, the Fifth Circuit Court of Appeals has determined that a plaintiff in a Fair Debt Collection Practices Act case is not entitled to have his attorney’s fees paid by the defendant, because he settled …
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