Following a Consumer Financial Protection Bureau (“CFPB”) investigation into its credit reporting procedures, telecommunications debt collector Afni, Inc. agreed Thursday to implement additional safeguards against inaccurate reporting and pay a $500,000 civil penalty.
The CFPB’s investigation found that Afni had violated the Fair Credit Reporting Act (“FCRA”) in several ways. First, Afni had negligently furnished
New York Attorney General Letitia James and Governor Andrew Cuomo announced on November 4, 2020, that the State will continue the suspension of its debt collection efforts of medical and student debt through the remainder of the calendar year. The suspension, which was originally instituted during March 2020 as part of the state’s response to
Two collection agencies agreed to new disclosure requirements when attempting to collect on time-barred debts, in a settlement agreement preliminarily approved by a United States district court judge in Texas last month. The settlement, arising out of a Fair Debt Collection Practices Act (“FDCPA”) class action involving efforts to collect unpaid medical debts, shows concerns
In Truckenbrodt v. CBE Grp., Inc., No. 2:19-cv-2870 (ERK) (SMG), (E.D.N.Y. Oct. 21, 2020) the court dismissed a suit brought under the Fair Debt Collections Practices Act (“FDCPA”) after the plaintiff conceded that he had not actually read the collections letter at issue.
The plaintiff, John Truckenbrodt (“Truckenbrodt”), owes a debt that was referred to
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
Plaintiff Joseph Degroot defaulted on a credit card debt, which was subsequently placed with a collection agency. The agency sent the plaintiff a collection letter stating that “interest and fees are no longer being added to your account,” which the plaintiff took to mean that the account had been charged off. The debt was then
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