The Ninth Circuit Court of Appeals last week in a split decision overturned a lower court’s ruling in a case claiming FDCPA violations in debt collection letters that were never even read by the plaintiff debtor. The violations were related to an error in the letter misidentifying the original creditor.
Andy Madden, ACA’s director of state government affairs, recently attended the Republican Attorneys General Association summer meeting in Coronado, Calif.
A judge recently held that inaction cannot form the basis of a continuing violations theory under the FDCPA or Florida collection law. The holding constitutes an important development in the debt collection realm and sets a good precedent for analysis of the application of statutes of limitations to inaction or omissions on the part of debt collectors.
Just in time for the summer movie season, one court has given debt collection litigation lawyers yet another reason to disconnect the telephone and computer. Now identifying yourself as a lawyer or a law firm on a voice mail or telephone message is sufficient facts to state a claim for a Fair Debt Collection Practices Act (FDCPA) violation.
The Michigan Supreme Court recently overturned two lower court rulings and expanded the definition of “collection agency” to include forwarders and forwarding companies. The case may require certain forwarding companies to obtain a collection agency license in the state.
Ordinarily, a company’s political contributions don’t make waves, unless they are of an unusual size. But when the largest government-focused collection agency is making the donations to a candidate running for the largest office in a state known for largeness, then you’ve got yourself a scandal.
In a ruling that could have far-reaching impact on the collection practices of ARM law firms, a district court judge in New York recently allowed an FDCPA lawsuit to advance against a collection attorney over the language used in a pre-recorded voicemail message.
The New York State Assembly recently passed a large package of bills that target the debt collection industry and increase requirements for doing business in the state. Among the changes: increasing disclosure requirements to consumers, codifying new requirements for collection lawsuits, and requiring statewide licensure for ARM companies.
I’m going to be so bold as to say that every collection agency, law firm, or debt buyer with 15 or more employees NEEDS to participate in Best Places to Work in Collections, which by the way, is free.
Appearing before the Senate Committee on Banking, Housing and Urban Affairs on June 10, 2014, Consumer Financial Protection Bureau Director Richard Cordray focused on enforcement efforts of the bureau and complaint numbers, including those related to debt collection.