Now that the industry has had the chance to take a deeper dive into the details of the New York Department of Financial Services’ proposed regulations for debt collection by third-party debt collectors and debt buyers, experts and organizations are submitting their feedback on how to further improve the regulations. Specific questions remain about the correct language to use in consumer notices, and how the rules may impact creditors.
Addressing what it termed “a deluge [that] has swept through U.S. bankruptcy courts of late,” the 11th Circuit Court of Appeals in Crawford v. LVNV Funding, LLC last week held that filing a proof of claim on time barred debt is conduct that violates the Fair Debt Collection Practices Act (FDCPA).
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.
A former employee of the state of Florida revealed Monday that the Sunshine State’s economic development office referred thousands of cases to debt collectors that were not eligible for such actions. She went public with the allegations after winning a $250,000 settlement with the state in April over wrongful termination in a whistleblower case.
ACA International recently filed an amicus curiae brief with the Sixth Circuit Court of Appeals in the case of Buchanan v Northland Group Inc. At issue is the district court’s decision that a debt collector does not mislead a consumer and therefore does not violate the Fair Debt Collection Practices Act by making a settlement offer to collect a debt without disclosing that the statute of limitations for filing a collection lawsuit has expired.
As the Consumer Financial Protection Bureau tries its hand at rulemaking and surveying in the debt collection industry, Ronald Canter - founder of The Law Offices of Ronald S. Canter, LLC and panelist at ARM-U – wrote about five key court cases the industry should look towards as precedent for the Bureau’s proposed reforms. But at […]
Does a consumer need to be “protected” from repaying his own debts? Can a consumer be “harmed” if he voluntarily makes a payment on a debt that he admittedly owes? The CFPB apparently believes that sometimes the answer is “yes.”
Maryland Governor Martin O’Malley Thursday signed a bill into law that reduces the amount of time debt collectors can pursue mortgage foreclosure debt in court. Under the new law, suits seeking to recover the debt must be filed within three years, compared to 12 years under the old law.
Several important court decisions led to the explosive growth of lawsuits against debt collectors and will undoubtedly shaped the contours of what the CFPB will propose as administrative regulations interpreting the FDCPA. Any discussion about the expansive reach of the FDCPA must take into account these five decisions
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