On Jan. 7, the Expired Debt Act (EDA) was introduced in the Rhode Island House of Representatives and referred to the House Committee on Judiciary. Rhode Island has had its own Fair Debt Collection Practices Act (RIFDCPA) that is, for the most part, identical to its federal counterpart. The EDA, however, introduces new definitions and restrictions related to debt collection.
On January 29, 2016 the U.S. District Court for the Southern District of Alabama granted a Motion for Summary Judgment by the Defendant in Robert L. Arnold v. Bayview Loan Servicing, LLC, et al. This was a bona fide error case, and was won on the existence of substantial evidence of policies & procedures and training.
In a case decided on February 4, 2016, the US District Court, Eastern District of Missouri has granted summary judgment to AllianceOne Receivables Management on a claim that the firm violated FDCPA § 1692d-f, and to the Plaintiff, Schuller, on the claim that the firm violated FDCPA § 1692g, related to overshadowing.
Last week the Consumer Financial Protection Bureau (CFPB) issued its latest Compliance Bulletin, called “The FCRA’s Requirement that Furnishers Establish and Implement Reasonable Written Policies and Procedures Regarding the Accuracy and Integrity of Information Furnished to all Consumer Reporting Agencies.” A copy of the Bulletin can be found here. The Bulletin was released in conjunction […]
Last Friday’s FCC advisory board meeting agenda included the item, “Robocalls and Federal Debt Collection: New TCPA Amendment.” The Associate Division Chief, Consumer Policy Division at the Consumer and Government Affairs Bureau announced that a Notice of Proposed Rulemaking would soon be released, and the questions it would likely include.
A U.S. District Court Judge in Kansas refused to dismiss a lawsuit that alleged that a debt collection letter was false and/or misleading because it failed to inform the consumer that a partial payment would revive the statute of limitations on otherwise time-barred debt.
Yesterday the Ninth Circuit Court of Appeals affirmed a lower court dismissal of a putative Telephone Consumer Protection Act (“TCPA”) class action ruling that the plaintiff had provided “prior express consent” to receive the text messages in question.
Mandatory arbitration provisions may be on the endangered species list, but they are not gone yet. Two opinions from two different courts were published this past week addressing mandatory arbitration clauses. The cases presented different issues and the results were not consistent.
On January 29, 2016, Illinois Governor Bruce Rauner signed into law Senate Bill 1369. That Bill reversed provisions adopted in the Illinois Collection Agency Act, an August 2015 legislative enactment that conflicted with the federal Fair Debt Collection Practices Act (FDCPA)
The Report examined internal CFPB documents relating to the December 2013 consent order against the auto finance company Ally Financial Inc. and its subsidiary Ally Bank. The Report stated the CFPB purposefully chose to distribute the $80 million dollars in Ally Bank settlement funds “without verifying that recipients [were] eligible to receive the money.”