The Middle District of Pennsylvania recently held that including line items for interest and fees in a debt collection letter when no interest or fees are sought does not violate the Fair Debt Collections Practices Act (“FDCPA”).
In Reyes v. Associated Credit Servs., No. 1:19-CV-01670 (M.D. Pa. July 6, 2020), the plaintiff received a
Earlier this month, California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey led a group of twenty-three attorneys general in a lawsuit against the U.S. Department of Education (the “Department”) and Secretary of Education Betsy DeVos (the “Secretary”). According to a news release from the California Attorney General’s Office, the lawsuit, filed in
On July 23, 2020, the Senate unanimously passed S. 3841. This bill protects stimulus funds provided under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) from being garnished by private debt collectors. This protection is similar to how Social Security payments are barred from garnishment. S. 3841 was first introduced by a
Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.
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In Anglin v. Merchants Credit Corporation, No. 2:18-cv-507-BJR, 2020 WL 4000966 (W.D. Wash. July 15, 2020), United States District Judge Barbara Jacobs Rothstein held that the defendants did not violate the Fair Debt Collection Practices Act (“FDCPA”) by failing to follow state procedural rules in obtaining a writ of garnishment as part of
On July 16, 2020, Governor Cuomo of New York signed into law the Emergency Rent Relief Act of 2020, which aims to support low-income renters in New York state whose ability to pay rent has been affected by the COVID-19 pandemic by distributing rent vouchers directly to their landlords. The new law was enacted just
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole regulatory
On July 13, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a study, entitled “Targeting Credit Builder Loans: Insights from a Credit Builder Loan Evaluation” and an accompanying practitioner’s guide – ultimately concluding that a credit builder loan (“CBL”) could increase the likelihood of establishing a credit record for consumers without one, and could help