In Vogel v. McCarthy, Burgess & Wolff, the United States District Court for the Northern District of Illinois (the “Court”) granted summary judgment to a debt collector on a debtor’s claim that failure to itemize debt in a collection letter was a violation of the Fair Debt Collection Practices Act (“FDCPA”).
Plaintiff Erin Vogel
On October 5, 2020, the U.S. District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair
New Mexico’s Attorney General Hector Balderas announced on September 29 that his office has filed three lawsuits against debt collection companies. In his statement, Balderas explained that these lawsuits are part of a larger “crackdown” aimed at educating consumers and eliminating abusive debt collection practices within the state.
The lawsuits, filed against LVNV Funding,
The Court of Appeals for the Eleventh Circuit affirmed the dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit finding Georgia’s six-month statute of limitations renewal statute did not apply to the FDCPA.
In Edwards v. Solomon & Solomon, Edwards filed a Complaint against Solomon and Solomon (“Solomon”), a third-party collection agency in
On September 4, 2020, the Second Circuit Court of Appeals overturned summary judgment granted to a debt collector who had sent collection documents to the wrong person, ruling that it was not entitled to the bona fide error defense because it lacked procedures governing the factual mistake.
Chiari & Ilecki (“C&I”) attempted to collect a
The Second Circuit Court of Appeals recently issued an opinion affirming the dismissal of a lawsuit because a debt collector’s failure to use the FDCPA’s precise language in its validation notice is not a violation of the FDCPA.
In Chaperon v. Sontag & Hyman, P.C., Chaperon alleged violations of 15 U.S.C. § 1692g and
With the financial fallout of the novel coronavirus (“COVID-19”), consumer financial services businesses should anticipate an increase in state court counterclaims filed in response to collection actions. These counterclaims are often challenging and can make it practically difficult to come out ahead financially if not handled appropriately.
On August 27, 2020, Troutman Pepper attorney David
Troutman Pepper Attorneys, David Anthony and Jonathan Floyd recently published the article, “The Inconvenience of Convenience Fees” in ACA’s Collector Magazine.
Convenience fees have emerged as a prominent topic and potential source of litigation in the accounts receivable management (ARM) industry as creditors and debt collectors look to defray the expense of payment processing. The
The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not
In a 9-3 vote earlier this month, the California Assembly Banking and Finance Committee approved legislation requiring a license for debt collectors and debt buyers, entitled the Debt Collection Licensing Act (SB 908) (DCLA).
The DCLA would prohibit a person from engaging in the business of collecting on a consumer debt in this state without
