Last month, industry saw the Consumer Financial Protection Bureau (CFPB) issue a number of compliance aids in anticipation of two CFPB Debt Collection Final Rules becoming effective on November 30. On October 1, the CFPB issued the Debt Collection Rule FAQs, which contained questions and answers pertaining to limited-content messages and telephone call
In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that where there are multiple interpretations of language in a collection letter, neither of which are inaccurate
In Bordeaux v. LTD Financial Services, L.P., No. 2:16-0243 (KSH) (CLW) (D.N.J Sept. 28, 2021), plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential
On October 4, the Consumer Financial Protection Bureau (CFPB) announced on its website that the deadline to request initial forbearance for a COVID-19 hardship for loans backed by the Federal Housing Administration (HUD/FHA), the U.S. Department of Agriculture (USDA), or the U.S. Department of Veterans Affairs (VA) has been extended. Specifically, the CFPB tells borrowers
In Bordeaux v. LTD Fin. Servs., L.P., a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized Third Circuit precedent that the inclusion of 1099C language in collection letters indicating that reporting to the IRS may be required
In Tolliver v. Nat’l Credit Sys., Inc., No. 20-cv-728-jdp (W.D. Wis. Sep. 22, 2021), the Western District of Wisconsin found that the plaintiff lacked standing to assert his claims for violation of the Fair Debt Collections Practices Act (FDCPA), in which he alleged that a debt collector had failed to inform the consumer
In Friend v. CACH LLC, a district court in the Seventh Circuit dismissed a Fair Debt Collection Practices Act (FDCPA) case for lack of Article III standing. In its holding, the court emphasized that to establish Article III standing, a plaintiff must establish concrete harm that he/she would not have incurred had the debt
Earlier this summer, Minnesota extended many of its collection agency requirements to debt buyers through the enactment of H. F. No. 6. As of January 1, 2022, debt buyers will need to hold a collection agency license or have a licensing application filed with the Minnesota Department of Commerce (Department) in order to “engage[]
In Wadsworth v. Kross, Liberman & Stone, Inc., the Seventh Circuit Court of Appeals reversed a district court’s entry of summary judgment for the plaintiff in a Fair Debt Collection Practices Act (FDCPA) case and remanded the case with instructions to dismiss for lack of jurisdiction. In its holding, the court emphasized that in
We are pleased to announce that Troutman Pepper attorney, David Gettings, will be presenting during the Mortgage Bankers Association Regulatory Compliance Conference 2021 in Washington, D.C.. Mortgage compliance professionals will have the perfect opportunity to hear first-hand from the regulators and policy makers that make the rules as well as get practical advice to meet