The U.S. Court of Appeals for the Seventh Circuit recently affirmed summary judgment in favor of a debt collector, holding among other things that the “FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law.”
In any relationship, contractual or otherwise, the responsibility to be “meaningfully involved” is not a one-sided equation. And if that premise is accepted, which I believe reasonable people would agree it should, then defining it needs to have a defensible background and basis upon which to use the term in defining acceptable behavior among both parties.
The FTC held its second of three debt collection dialogues in Dallas, Texas yesterday. Kelly Knepper Stephens, General Counsel & Chief Compliance Officer at Stoneleigh Recovery Associates, was at the session and offers her take-aways as a member of the industry. Top of the list? Don’t wait for CFPB rulemaking; review your practices now.
NARCA applauds the recent action by the CFPB in the case of the Consumer Financial Protection Bureau v. Orion Processing. LLC, Bradley James Haskins, World Law Debt Services, LLC, and World Law Processing, LLC. Since October 27, 2010, over 21,ooo consumers across the country-representing 99% of the consumers who enrolled with World Law-have paid more than $67 million in unlawful advance fees to Defendants, who ultimately provide little or none of the services promised to consumers.
In the latest episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin break down the law changes in New York, Illinois, and Maine, and provide practical guidance for compliance and avoiding pitfalls.
Last week the CFPB, jointly with the FTC, filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt FDCPA by filing a complaint without “meaningful attorney involvement.”
On August 5, 2016 the Second Circuit Court of Appeals ruled that a New York City law intended to prevent law firms that also work as debt collectors from engaging in abusive practices does not infringe on the state’s authority to regulate the legal profession.
On Monday July 27, 2015 Hanna filed a “Motion to Certify [the case] for an Interlocutory Appeal.” An interlocutory appeal an appeal of a specific ruling by a trial court, and asks an appellate court to review a significant aspect of the case before the trial has concluded. This is an extraordinary action, as courts prefer a case proceed to conclusion on its merits and do not like to break up litigation into multiple parts.
Stephen Einstein & Associates, one of NY/NJ’s premier collection litigation and creditors’ rights legal firms, is moving to 39 Broadway with an expanded staff. The firm continues under the leadership of Founder Stephen Einstein and newly promoted Managing Partner Anthony S. Poulin. Einstein’s current staff of professionals will be joined by several administrative and support […]
The Eleventh Circuit Court of Appeals recently handed down a decision that went too far in holding that all litigation related activity is subject to the FDCPA. In pursuing their client’s judgment, an attorney and law firm obtained a garnishment against Nedzad Miljkovic. Miljkovic filed a claim for exemption in response, which the creditor disputed. However, the writ was eventually dissolved on the creditor’s attorney’s motion after Miljkovic provided discovery showing that his wages were exempt from garnishment.