On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m.
The proposed amendments are available in redline here.
In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office. The issue on summary judgment was simple:
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
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
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
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
Last week, in Russo v. POM Recoveries, Inc., the United States District Court for the Eastern District of New York denied summary judgment and allowed a suit to proceed against a debt collector for an alleged violation of Section 1692c of the Fair Debt Collection Practices Act. Plaintiff John Paul Russo alleged that POM violated
A new bill was proposed on April 7 in the House of Representatives which, if passed, would amend the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. The proposed bill aims to regulate how medical debts are handled under these statutes.
The bill’s current name is: “To amend the Fair Credit Reporting
On April 1, the United States District Court for the Central District of Illinois denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act lawsuit stemming from the consumer visiting the debt collector’s online payment portal. This decision highlights the potential risks that debt collectors face in