A District Court judge in Tennessee has denied a plaintiff’s motion for a temporary injunction seeking to block the enactment of an interim final rule saying that collectors may face prosecution under the Fair Debt Collection Practices Act for not providing written notices to individuals being evicted, determining that the …
Read More »Judge Strikes Down CDC’s Ban on Evictions; DOJ Plans to Appeal
The Centers for Disease Control & Prevention’s moratorium on evictions in the wake of the COVID-19 pandemic took another turn yesterday, with a District Court judge in the District of Columbia ruling that the agency overstepped its bounds by saying that individuals could not be evicted during the pandemic. The …
Read More »CFPB Sued Over FDCPA Eviction Rule
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 …
Read More »Short Comment Period on Rule Requiring Eviction Disclosures Opens
The short comment period on an interim final rule from the Consumer Financial Protection Bureau seeking to amend the Fair Debt Collection Practices Act to require collectors to provide tenants written notice of their rights prior to an eviction has started, and will remain open for the next 11 days. …
Read More »CFPB Rule Requires Collectors to Provide Statement of Rights When Evicting Tenants
Debt collectors that evict tenants will have to provide written notice to those individuals, alerting them to their rights under the Centers for Disease Control’s moratorium on evictions and will face prosecution by state attorneys general for violations of the Fair Debt Collection Practices Act or private lawsuits by the …
Read More »CDC Extend Eviction Ban; CFPB & FTC Directors Vow Crackdown
On the day that the Centers for Disease Control and Prevention extended an eviction moratorium until June 30, the acting directors of the Consumer Financial Protection Bureau and the Federal Trade Commission issued a joint statement saying that they will use the Fair Debt Collection Practices Act to ensure that …
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