America is a melting pot of cultures and backgrounds. And that means that a lot of the people living here in the United States came from places where English wasn’t the primary language that was spoken. Take me, for instance. Being Canadian, it took a lot for me to learn …
Read More »Bedard Breaks Down Electronic Delivery of Validation Notices
For all of the excitement and possibility that surrounds the area of collectors communicating electronically with consumers via email, text messaging, and other digital channels, one of the areas that collectors tend to shy away from is sending the initial validation notice through such channels. But the Consumer Financial Protection …
Read More »Bedard Finishes Analysis of Model Validation Notice’s Optional Disclosures
In the latest episode of “You Wanted a Rule, You Got a Rule,” John Bedard of Bedard Law Group finishes walking through his analysis and breakdown of the eight optional disclosures that collectors are allowed to include on their copies of the Model Validation Notice and still enjoy the safe …
Read More »Bedard Breaks Down Model Notice’s Optional Disclosures
When it issued Regulation F, the Consumer Financial Protection Bureau did not just issue a set of rules that debt collectors absolutely needed to follow. While much of what is included in Regulation F sets forth requirements that are mandatory, the CFPB also gave collectors some latitude to put their …
Read More »Bedard Breaks Down ‘Substantially Similar’ Definition Relative to Model Validation Notice
“Substantially similar.” It’s a phrase that any plaintiff’s attorney is going to fall in love with once the calendar hits November 30 and Regulation F goes into effect. For the purposes of this article, we’re using “substantially similar” with respect to making changes to Regulation F’s Model Validation Notice while …
Read More »Bedard Continues Breakdown of Model Validation Notice
One of the most common questions that has been asked about collectors using the Model Validation Notice put forth by the Consumer Financial Protection Bureau in Regulation F is, “Can we make any changes to it?” Collectors have asked about adding additional pieces of information, disclosures, or making other changes …
Read More »Judge Grants MTD in FDCPA Case Over Dispute Notification in Letter
A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not specifically mentioning in the validation notice that a dispute had to be filed in writing, because the plaintiff lacked standing to sue …
Read More »Judge Grants MTD in FDCPA Case Over Pronoun Usage in Validation Letter
When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued. So when you …
Read More »CFPB Releases Part II of Debt Collection Rule Covering Validation Notices, Time-Barred Debt
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 …
Read More »Judge Denies MTD in FDCPA Suit Over Dispute Notice in Letter
A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by including language in a collection letter that allegedly misled a plaintiff into thinking that a dispute could be made orally. A copy of the …
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