Debt Buyers and Collectors

In Moyer v. Patenaude & Felix, A.P.C., the Third Circuit Court of Appeals affirmed the dismissal of a putative class action complaint, alleging that including an invitation to call the debt collector to “eliminate further collection action” was deceptive and overshadowed the validation notice requiring disputes to be in writing in violation of the

On March 31, the Consumer Financial Protection Bureau (CFPB or Bureau) announced it is rescinding its April 1, 2020 policy statement regarding the Fair Credit Reporting Act (FCRA) and Regulation V following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This recission is effective April 1.

Background

On March 27,

The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not acting as “debt collectors.”

On March 25, in Willison v. Nelnet, Inc., the Sixth Circuit affirmed summary judgment for student

Last week, the Maryland Senate and the House of Representatives each voted unanimously to approve bills that would limit a hospital’s means of collecting past due medical debt. Senate Bill 0514 and House Bill 0565 now move onto the opposite chamber for approval. SB 05014 has already been referred to committee. The bills as originally

On March 24, the Consumer Financial Protection Bureau (CFPB) provided the Consumer Response 2020 Annual Report (CFPB Report) to Congress. The CFPB Report reflects complaints submitted by consumers to the CFPB and analyzes those complaints.

In 2020, the CFPB saw a 54% rise in complaints from 2019 — with the total number increasing from 352,400

In Ahmed v. Richland Holdings, No. 2:19-CV-1925 JCM (DJA) (D. Nev. Feb. 26, 2021), the District of Nevada dismissed a pair for claims under the Fair Debt Collections Practices Act (FDCPA), alleging that a debt collector had improperly sought to recover collection fees in the amount of 50% of the outstanding debts.

The plaintiffs,

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. After the plaintiff obtained his bankruptcy discharge, the defendant debt collector sent the plaintiff two collection

In Cassandra Valentine v. Unifund CCR, Inc. et al., the District Court of New Jersey dismissed the plaintiff’s claim that a benign company name appearing on a debt collection letter through the glassine window of an envelope constituted a violation of the FDCPA if an internet search could reveal the name as belonging to

On March 2, Rep. Madeleine Dean (D-PA) introduced a bill, the Fair Debt Collection Practices for Servicemembers Act (H.R. 1491), proposing to amend two sections of the Fair Debt Collection Practices Act (FDCPA or the Act) — namely Section 805 of the FDCPA (15 U.S.C. § 1692c) and Section 808 of the FDCPA (15 U.S.C.

On February 22, Senator Chris Van Hollen (D-MD) introduced Senate Bill S. 355, which is intended to prevent health care providers and their agents from taking “extraordinary collection actions” relating to the collection of debts incurred from the “receipt of medical services, products, or devices.”

If passed, the COVID-19 Medical Debt Collection Relief Act