Daily Digest

APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT ON GROUNDS IT WAS TIME-BARRED Every time the Fair Debt Collection Practices Act is violated a separate statute of limitations clock starts running, the Fourth Circuit Court of Appeals ruled yesterday, overturning a lower court’s dismissal of a suit for ruling that subsequent …

GETTING TO KNOW MARY HARE OF VITAL RECOVERY SERVICES Too many of us do not recognize our career journey for what it is and how it makes us unique. Mary Hare is not one of those people. By working in just about every area of collections during her career in …

JUDGE GRANTS MSJ IN FDCPA CASE OVER PAYMENT OPTIONS ‘MAY’ NOT BE AVAILABLE A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act by saying in a collection letter that payment options “may” not …

SUPREME COURT RULES CFPB LEADERSHIP STRUCTURE IS UNCONSTITUTIONAL The Supreme Court yesterday ruled that the leadership structure of the Consumer Financial Protection Bureau is unconstitutional, and that provision may be severed from the Dodd-Frank Wall Street Reform and Consumer Protection Act. HOUSE PASSES CREDIT REPORTING REFORM BILL The House of …

WASHINGTON AG SUES COLLECTOR OVER ‘SETTLEMENT OFFERS’ FOR TIME-BARRED DEBTS The Attorney General of Washington on Friday filed a lawsuit against Convergent Outsourcing, accusing the company of “pushing” individuals to settle time-barred debts by creating a “deceptive impression” that the company would sue to collect on the debt when it …

SENATORS CALL ON DEBT BUYERS TO STOP SUING, GARNISHING ‘IMMEDIATELY’ A pair of Senators have set their sights on one of the nation’s largest credit card lenders and a pair of the nation’s largest debt buyers, calling out what the Senators label as “aggressive” debt collection practices and telling them …

GETTING TO KNOW NATHAN WILLNER OF THE NATIONAL CREDITORS BAR ASSOCIATION There are people for whom, if you didn’t know what they did for a living, you’d be able to make a pretty good guess based on reading their answers to these questions. If you skipped over the Job Title …

INDUSTRY GROUPS ASK NYC DCA TO DELAY EFFECTIVE DATE OF LANGUAGE ACCESS RULE A number of industry trade groups are asking the New York City Department of Consumer Affairs to delay the effectiveness date of its new language access rule because plaintiff’s attorneys may still use the inability of a …

FLA. APPEALS COURT REVERSES ITSELF, OW COUNTS CONDO FEES AS DEBTS UNDER STATE LAW A state Appeals Court in Florida has changed its mind and decided to walk away from a longstanding precedent that condo association fees do not qualify as debts under the Florida Consumer Collection Practices Act by …

APPEALS COURT AFFIRMS RULING IN FDCPA CASE OVER INTEREST ADDED TO BALANCE The Court of Appeals for the Seventh Circuit has upheld a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it attempted to collect on interest that …