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
On June 4, Commissioner Sandy O’Laughlin of the State of Nevada Financial Institutions Division (“NFID”) informed licensed collection agencies that they may resume operations contingent upon compliance with any outstanding emergency directive issued by Governor Steve Sisolak, guidance issued by a state agency, Justice Court Orders for each jurisdiction, and health and safety guidance from
Authors:
James Stevens, Partner, Troutman Sanders
Jake Lutz, Partner, Troutman Sanders
Mark Dabertin, Counsel, Pepper Hamilton
Greg Rubis, Counsel, Pepper Hamilton
Rick Eckman, Senior Counsel, Pepper Hamilton
The OCC’s new rule titled “Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred” (the Permissible Interest Rule) states that a national
In Alcivar v. Enhanced Recovery Company, the United States District Court for the Eastern District of New York awarded nearly $37,000 in attorneys’ fees and costs to a debt collection agency over a Fair Debt Collection Practices Act claim that the plaintiff’s attorneys brought in bad faith.
Plaintiff Imelda Alcivar owed approximately $1,100 on
The Democrats on the House Financial Services Committee are pushing their proposed package of bills aimed at responding to the coronavirus (“COVID-19”) pandemic. This time around, they are supporting the bill that would place a moratorium on debt collection activities for the duration of the pandemic.
A May 5 release from the Democrats on the