Indiana Attorney General Greg Zoeller announced Tuesday that he is proposing new legislation in the state that would protect state residents from debt collection scams by “expanding the federal Fair Debt Collection Practices Act (FDCPA) at the state level.”
A federal judge last week certified a class action that accuses a mortgage services company of violating the FDCPA by leaving a message on a door hanger for a consumer to call a specific number. The note made no mention of the debt, although it was left specifically for that purpose.
On the heels of a June 30 decision finding that a New Jersey law firm violated the Fair Debt Collection Practices Act because its attorneys spent four seconds reviewing a pleading, a complaint seeking class certification has been filed against the same firm, citing findings of fact from the adverse court opinion.
The Third Circuit Court of Appeals Monday denied a petition to rehear an FDCPA case that involved an account number being visible through the clear window of an envelope containing a debt collection letter.
In a split decision, the First Circuit Court of Appeals last week upheld a lower court ruling that a collection letter send by a law firm violated the FDCPA because it gave the impression that the consumer could not dispute the debt and that payment was the only option to avoid litigation.
A collection agency that late last month lost an appeal in the Third Circuit has filed a petition for a rehearing, according to ACA International. The case involved an account number being visible through the clear window of an envelope.
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The Fourth Circuit Court of Appeals recently upheld a lower court ruling that found a debt collection agency in violation of the FDCPA for continuing to call a debtor after the bill had been paid to the original creditor. The agency argued that it never received a dispute in writing after the debt was paid.
The Third Circuit Court of Appeals Thursday said that a collection agency violated the Fair Debt Collection Practices Act (FDCPA) when it sent a collection letter with the debtor’s account number visible through the transparent address window of an envelope.
In comments submitted to the CFPB on the Advance Notice of Proposed Rulemaking under the FDCPA, the attorneys general of 31 states condemned the use of third-party prepared, integrated business records in civil lawsuits to collect debt as an example of “unfair, deceptive, and abusive acts or practices.” But many of those AGs use similar records in their own criminal cases.