Debt Buyers + Collectors

Subscribe to Debt Buyers + Collectors via RSS

The U.S. Supreme Court agreed on May 18 to hear an appeal from the U.S. Navy’s advertising partner challenging the Ninth Circuit’s remand of a potential class action over allegedly unsolicited text messages, potentially resolving the issue of whether a putative class claim is mooted by an offer of complete relief under Rule 68 of…

Despite the rise in student loan balances over the past decade, a new TransUnion study found that student loan obligations have not inhibited younger consumers’ ability to access and repay other consumer credit categories, such as auto loans and mortgages, when compared to their peers without student loans.

According to TransUnion, this is contrary …

In Modica v. Green Tree Servicing, LLC, the Northern District of Illinois limited the scope of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act.  Judge Zagel found that a system requiring an agent to manually access a consumer’s telephone number from a computer server and then “click” to …

As we discussed in March, the Consumer Financial Protection Bureau is soliciting public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers.

To allow interested persons additional time to consider and submit their responses, the CFPB announced it is extending the comment period on…

On May 12, in Tamara Diaz v. Kubler Corporation d/b/a Alternative Recovery Management, the Ninth Circuit Court of Appeals ruled 3-0 in favor of a collection agency on issues related to including interest in debt collection notices.  The Court of Appeals reversed the district court and held that a collection letter seeking 10 percent …

Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according to the latest report from WebRecon.

FDCPA lawsuits increased by 3.9 percent (892 to 927), from February to March, and FCRA lawsuits increased 3.3 percent (245 to…

Starting June 1, Alison Kutler will be the new acting chief of the Consumer and Governmental Affairs Bureau, the division of the Federal Communications Commission that oversees the Telephone Consumer Protection Act.  Kutler will replace current acting CGB bureau chief Kris Monteith who will remain at the FCC as deputy chief of the Wireline Competition…

Authored by Alexandria J. Reyes and Benjamin R. Carlsen

Two federal district courts have dismissed lawsuits filed against debt collectors, holding that filing proofs of claim in a bankruptcy case on debt subject to a statute of limitations defense is not actionable under the Fair Debt Collection Practices Act.

In Donaldson v. LVNV Funding, LLC…

On April 23, the Federal Trade Commission and the Office of the New York Attorney General announced they will host a “dialogue” to discuss consumer protection issues with the debt collection industry, including recent enforcement actions, consumer complaints about debt collection practices, and compliance issues.

The first “Debt Collection Dialogue” in Buffalo, New York will…

A New York federal judge on April 17 approved a group of former Gawker Media LLC interns’ proposed revised plan to notify potential class members of their rights to opt out of a proposed collective action alleging unpaid wages through social media.  The same Court had previously rejected a social media campaign as being overbroad…