In this episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin identify challenges arising from industry regulators and from the Courts while providing specific guidance on how best to avoid difficulties. Specifically: Regulators and Litigation.
The two year legal battle between the Consumer Financial Protection Bureau (“CFPB”) and the Law Firm of Frederick J. Hanna (“Hanna”) came to a possible resolution when both sides filed a joint motion for a Stipulated Judgment and Order (“Order”). The case was before the United States District Court in the Northern District of Georgia. The […]
Today the CFPB filed a proposed consent order in federal court that would end its lawsuit that began in July 2014 against Frederick J. Hanna & Associates. Both the Hanna firm and NARCA have issued statements. This is an incredibly significant case for the ARM industry, as it has the potential to be the only CFPB direction on the subject unless and until formal rulemaking begins.
According to the Associated Press, the Supreme Court announced Friday that it hear an appeal from state officials looking to overturn a lower court decision on whether a debt collector’s use of official Ohio attorney general letterhead violated the FDCPA. The case in question is Pamela Gillie, et al. (Plaintiff), v. Law Office of Eric […]
Yesterday Missouri Attorney General Chris Koster joined forces with Legal Services of Eastern Missouri, Legal Aid of Western Missouri, Legal Services of Southern Missouri, and Mid Missouri Legal Services to propose reforms aimed at curbing what he describes as “abusive debt collection lawsuits in Missouri.” Koster outlined three proposed amendments to the State’s rules of civil court procedure.
In an Opinion Letter letter dated Nov. 2, the Massachusetts Division of Banks declared that collection law firms in Massachusetts are required to obtain a debt collector license pursuant to Mass. Gen. Laws Ch. 92, § 24 et. seq. The Opinion Letter was in response to correspondence from a Massachusetts collection law firm inquiring whether the firm, self-described […]
The long and winding road in the Consumer Financial Protection Bureau (CFPB) lawsuit against the Frederick J. Hanna & Associates. P.C. law firm took another turn this week. On Monday, November 16th, The Honorable Amy Totenberg, United States District Court Judge for the Northern District of Georgia, issued an order denying Hanna’s request to certify […]
The FTC wrapped up its three city Debt Dialogue tour in Atlanta, Georgia yesterday afternoon with very animated “dialogues” among regulators and representatives of the credit and collections industry. The wide-ranging discussion covered communication between collectors and consumers, industry self-regulation, collection complaints, and more.
Court documents were filed yesterday, preliminarily approving the class action settlements in Monique Sykes, et al., vs. Mel S. Harris and Associates, LLC, et al. A Fairness Hearing has been scheduled for May 11, 2016, in the U.S. District Court for the Southern District of New York. The case is a class-action lawsuit originally certified […]
November 10, 2015 – Cleveland, OH — Weltman, Weinberg & Reis Co., LPA (WWR), a creditors’ rights firm now in its 85th year of client service, welcomes Attorney Jason K. Wright back to its Brooklyn Heights, Ohio office after his return from a 12-month-long mobilization as a Major in the United States Army at Fort Hood, located […]