Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. In Carrasquillo v. CICA Collection Agency, Inc., the district court for the District of Puerto Rico relied on a Third Circuit
Jonathan Floyd
Jonathan is an associate in the Consumer Financial Services Practice Group, with a primary focus on financial services litigation. He represents clients in class actions and business disputes in both federal and state courts.
Connecticut Department of Banking Fines Law Firm $100,000 for Collecting Without a License
On December 1, the Connecticut Department of Banking issued a cease and desist order to the Law Offices of David M. Katz mandating the law firm cease conducting collection activities in the state without a license. The law firm was also fined $100,000, the maximum allowed by law.
Earlier this year, the Department of Banking…
Permanent Version of DC’s Protecting Consumers From Unjust Debt Collection Practices Amendment Act Takes Effect January 1, 2023
As we previously discussed here, in March 2022, the D.C. Council of the District of Columbia Committee of the Whole met in a full hearing, in part to hear amendments introduced to B24-0357, known as the Protecting Consumers From Unjust Debt Collection Practices Amendment Act (Act). The Act contains a host of new and…
Keeping Up With the Bureau Episode 4: Hot Topics in Collections: Fees, Reg F Landscape, and What’s Next
Please join Consumer Financial Services Partner Stefanie Jackman and her guests and colleagues James Trefil and Jonathan Floyd in the fourth and final episode of a special four-part series on recent developments at the Consumer Financial Protection Bureau. In this episode, topics include debt collection and convenience fees, trends in Regulation F litigation, and predictions in the collections world for the next year.
Eleventh Circuit En Banc Panel Reverses Controversial Hunstein Decision
In a much anticipated decision released September 8, an en banc panel of the Eleventh Circuit Court of Appeals reversed the district court’s decision that a debt collector’s outsourcing of its letter process to a third-party mail vendor violated the Fair Debt Collection Practices Act’s (FDCPA) prohibition on third-party disclosure and ruled that plaintiff Hunstein…
Southern District of New York Enjoins New York Sheriffs From Retroactively Enforcing New York’s Fair Consumer Judgment Interest Act
On April 28, U.S. District for the Southern District of New York Judge Mary Kay Vyskocil issued an order, enjoining three named sheriffs in New York from enforcing the recently enacted New York Fair Consumer Judgment Interest Act (Act) on a retroactive basis and directs the plaintiffs to deliver notice of the same to…
Consumer Financial Services Year in Review and A Look Ahead Webinar Series: Litigating Consumer Claims in a Post-Regulation F World
Wednesday, March 9 • 3:30 – 4:30 p.m. ET
Please join us on March 9 for a complimentary webinar to discuss how Regulation F represents a sea of change to how consumer and debt collectors will approach lawsuits brought under the Fair Debt Collection Practices Act. This webinar will explore the new safe harbors and…
Hunstein Oral Arguments: Eleventh Circuit Weighs Use of Third-Party Vendors in Debt Collection
On February 22, the Eleventh Circuit Court of Appeals held oral argument in Hunstein v. Preferred Collection and Management Services Inc. (Case Number 19-14434). Almost a year ago, on April 21, 2021, the Court of Appeals issued the original Hunstein v. Preferred Collection and Management Services Inc. opinion, which held that (1) a consumer…
Transmission of Consumer Information to Vendor May Constitute Violation of FDCPA
The Eastern District of Pennsylvania is the most recent federal district court to adopt Hunstein v. Preferred Collection and Mgmt. Svcs., Inc., 17 F.4th 1016 (11th Cir. 2021) by holding that the transmission of information to a vendor was a “communication” to a “person,” satisfying the “in connection with the collection of any debt”…
2021 Consumer Financial Services Year in Review & A Look Ahead
2021 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer…