On March 22, a bill to amend the Fair Debt Collection Practices Act was introduced in the Senate to expand consumer protections provided to debtors and small businesses during a major disaster or emergency—such as the current coronavirus (“COVID-19”) pandemic—beginning “1 day after the date on which a major disaster is declared by the President”
The Supreme Court of Appeals of West Virginia issued an administrative order on Sunday, March 22 that covers public health and safety concerns related to the coronavirus (“COVID-19”). In it, the Court recognizes “the current COVID-19 crisis creates an unprecedented public health emergency that requires immediate action to encourage effective social distancing and reduce the
The United States District Court for the District of Utah recently ruled that a debt buyer, First Financial Investment Fund V, LLC, must register as a collection office and post a bond with the Utah Division of Corporations and Commercial Code pursuant to Section 12-1-1 of the Utah Collection Agency Act.
First Financial, as a
In a split decision published on March 9, the United States Court of Appeals for the Ninth Circuit held in McAdory v M.N.S. & Associates, LLC and DNF Associates LLC that “an entity that otherwise meets the ‘principal purpose’ definition of debt collector under [under the Fair Debt Collection Practices Act] cannot avoid liability merely
On April 22, 2020, Troutman Sanders attorneys, Maryia Jones and Stephen J. Steinlight, 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 an increased scrutiny from regulators and legislators and
On February 24, Judge Dale Kimball of the United States District Court for the District of Utah granted in part and denied in part a defendant debt collector’s motion for judgment on the pleadings. Plaintiffs Karl Buhler and Reginald Benoit, two Utah residents, filed a lawsuit against BCG Equities (BCG), claiming that it violated
In Alston v. Orion Portfolio Servs., LLC, the United States District Court for the District of Maryland ordered a pro se plaintiff to pay nearly $15,000 in legal fees incurred by the defendants in defending a frivolous claim asserted under the Fair Debt Collections Practices Act.
This case concerns and alleged debt of $1,391
In Allen v. Credit Collection Services, the United States District Court for the Eastern District of California recently ruled that a Fair Debt Collection Practices Act plaintiff’s vague, self-serving testimony of oral revocation was insufficient to trump a debt collector’s detailed call records that contained no evidence of revocation. The court’s decision illustrates the
Hospitals are becoming increasingly aggressive in attempts to collect on medical bills, with hospitals around the country initiating thousands of lawsuits against indebted patients. Debtors can actually find themselves in jail, whereas other patients can find themselves filing for bankruptcy due to an influx of medical bills.
In early February, the House Committee on Ways
A recent Fair Debt Collection Practices Act case in Michigan illustrates the importance of attention to detail when operating in a heavily regulated business space such as debt collection. The case is Loewe v. Weltman, Weinberg & Reis Co., L.P.A., from the United States District Court for the Eastern District of Michigan. You can