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.
Brandon Scroggin had an air-tight FDCPA claim against a debt collection agency. It was such a solid case, the company offered him a $5,000 settlement to make it go away. But now Scroggin owes the agency more than $33,000 to pay their attorney’s fees. So how did he go from five grand up to 33-large in the hole?
Lawsuits against ARM firms citing violations of the FDCPA increased slightly in July, but were still on pace to finish far below the number filed in 2013. TCPA lawsuits also bucked their 2014 trend by decreasing on a month-over-month basis, but still remain on pace to grow significantly for the year.
The Federal Trade Commission has joined the CFPB in filing an amicus brief in the matter of Hernandez v. Williams, Zinman & Parham, P.C before the U.S. Circuit Court of Appeals for the Ninth Circuit. The case concerns the interpretation and enforcement of the Fair Debt Collection Practices Act (FDCPA).
A recent Circuit Court opinion examined the issue of what constitutes adequate verification in the context of multiple requests for validation by the consumer focused on a specific portion of a debt. While it has been argued that the case requires a debt collector to provide itemized statements whenever any request for validation is received, this interpretation is not borne out by a careful reading of the case and other applicable precedent.
The 8th Circuit Court of Appeals Friday upheld a lower court’s ruling that a defendant collection agency was entitled to some $33,000 in attorney’s fees and costs in an FDCPA case found to be brought in bad faith and specifically for the purpose of harassment.
Is that interesting enough? No? Well, it involved an outspoken consumer advocate’s gloating posts on a debtor-focused message board, posts that ultimately led to the awarding of fees.
Join CSS IMPACT! HD 2.0 Compliance Suite Webinars, showcasing the latest new technologies for compliance. Wondering what industry leaders are doing to prevent breaches in compliance? New Agency Technologies Preventing Compliance Exceptions as they happen Adopting Compliance Management Tools as Backup Leveraging CSS’s Compliance on Demand Patented Technology, CSS IMPACT! 2.0 offers the industry’s first […]
Last month’s 11th Circuit Court of Appeals decision that allowed a Fair Debt Collection Practices Act (FDCPA) claim to be made against a bankruptcy proof of claim filed on out-of-statute debt will get a rehearing if a petition filed by LVNV Funding, LLC is granted.
The Federal Trade Commission late Thursday announced settlements with debt collection agencies totaling $2 million in two separate actions alleging very different violations. A joint settlement announcement is rare for the FTC.