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 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 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
On Friday, the Consumer Financial Protection Bureau (CFPB) published a supplement to its Spring 2019 notice of proposed rulemaking on third-party debt collection. The proposed supplemental rule addresses the collection of time-barred debt, which is debt that has run past any applicable statute of limitations.
Specifically, the proposed supplemental rule requires debt collectors to make
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
The Eastern District of New York recently decided a motion to dismiss, denying Defendant’s motion as to Plaintiff’s claims under the FCRA and dismissing Plaintiff’s claims under the FDCPA. A copy of the Court’s opinion can be found here. This case involved claims concerning a disputed tradeline on Plaintiff’s credit report. The Court found
In the world of pick-up basketball, no one likes to play with the guy who cries foul every time he is lightly bumped going for a layup. It appears that the courts are starting to follow the same logic when it comes to Fair Debt Collection Practices Act claims.