Tag Archives: Time-Barred Debt

A motion has been filed in a West Virginia federal court to approve a settlement in a class action Fair Debt Collection Practices Act and West Virginia Consumer Credit Protection Act case that will see the defendant pay $995,000 after it was accused of sending letters that did not include …

The Attorney General of Washington has reached a settlement with a collector that it sued last year, which will see the collector pay $1.6 million in fines and restitution to consumers for allegedly deceiving them by making settlement offers in collection letters even though the collector could not enforce the …

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135, the Fair Debt Collection Improvement Act, is not yet available, …

The Consumer Financial Protection Bureau made a small, but important change from the proposed debt collection rule to the final version of Regulation F with respect to the liability that debt collectors face when attempting to collect on time-barred debts. The CFPB opted not to use a “knows or should …

The Ninth Circuit Court of Appeals has overturned the dismissal of a Fair Debt Collection Practices Act lawsuit, ruling that the strict liability of the statute applies when a collector threatens to file a lawsuit outside the statute of limitations window, but emphasizing that such a threat may be covered …

The Consumer Financial Protection Bureau today released Part II of its debt collection rule, providing guidance on sending validation notices and disclosures related to collecting time-barred debt. The rule, all 354 pages of it, can be accessed by clicking here. An executive summary of what was released today can be …

A District Court judge in Illinois has denied a defendant’s motion to dismiss and its motion to decertify a class after it was sued for allegedly violating the Fair Debt Collection Practices Act regarding a time-barred notice in a collection letter. A copy of the ruling in the case of …

Debts where the statute of limitations have expired are a tricky business. Companies are reluctant to just write off the debt as uncollectible, but the labyrinth of state laws make the collection of such unpaid debts a potential minefield of legal problems. The Washington Post tries to shed some light …