Debt Buyers & Collectors

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

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.

Due

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

Effective June 29, 2020, Colorado has enacted a new law implementing a temporary moratorium on “extraordinary” debt collection activities and exempting certain property from levy and sale under a writ of attachment or execution. The bill was signed into law by Governor Jared Polis as part of a package of bills passed to help Colorado

On July 28, 2020, Troutman Pepper attorneys, Maryia Jones (Virginia Beach office) and Stephen J. Steinlight (New York – East Side office) will serve again on the faculty for their webinar series by Lorman Educational Services entitled, “Collection Disputes: A Good Defense Is the Best Offense.

The credit and collection industry remain under

One of the first lines of defense when defending allegations of a statutory violation is the statute of limitations. As a complete bar to a plaintiff’s claims, the statute of limitations is one of the most powerful tools in a defense litigator’s pocket. Recently, the Fourth Circuit joined the Sixth, Eighth, and Tenth Circuits in

On June 9, the U.S. Court of Appeals for the Seventh Circuit affirmed the U.S. District Court for the Northern District of Indiana‘s entry of summary judgment in favor of a defendant debt collector in a claim under Title 15 of the U.S. Code, Section 1692(e) — stating that “mere speculation” that a collection

Last week, the Washington State Attorney General filed a lawsuit against Convergent Outsourcing, Inc. for sending 75,000 “Settlement Offer” letters to Washington consumers without disclosing that the underlying debt was beyond the statute of limitations. While yet another example of Washington Attorney General Bob Ferguson’s active enforcement of the state’s debt collection laws, the Attorney

On June 15, a court in the United States District Court for the Southern District of Indiana granted summary judgment in favor of a Telephone Consumer Protection Act class defendant based on the Seventh Circuit’s seminal decision in Gadelhak. The decision puts an end to a previously-certified class of more than 4,300 members.

Plaintiff