In a decision filed on July 22, 2015, the US District Court for the Middle District of Pennsylvania in the case of Lisa Kostik v. ARS National Services, Inc., a new chapter is being written in the saga of what information can be displayed on the outside of an envelope a collector mails to a consumer.
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.
Encore Capital Group, Inc. (NASDAQ:ECPG) announced yesterday that it has collaborated with U.S. Reps. Scott Peters (CA-52) and Duncan Hunter (CA-50) to create a bill that would exempt up to $2,500 worth of forgiven personal and household debt from federal taxation. The bill (H.R. 2640) was recently introduced as the “Consumer Debt Forgiveness Tax Relief Act of 2015.” This re-raises the 1099-C debate for the collection industry.
As part of a larger CFPB enforcement action announced today against Citibank, N.A., Department Stores National Bank (a Citibank subsidiary) will pay $23.8 million for deceptively charging expedited payment fees to nearly 1.8 million consumer accounts during collection calls.
Collingswood, NJ: MyGovWatch.com has made available for download a free copy of a report the U.S. Department of Treasury (Treasury) provides annually to the U.S. Congress on Federal non-tax government receivables and debt collection activities of U.S. government agencies. MyGovWatch.com offers subscribers insider access to the past, present, and future of government and student loan […]
Buffalo, NY – ABC-Amega, a global commercial receivable management firm headquartered in Buffalo, NY, is excited to announce that Tom Riker has been promoted from Divisional Vice President of Global Operations to Vice President of Global Operations. In this role, Riker will focus on the strategic planning and development of processes and procedures for the organization’s 3rd Party […]
Student loan guaranty agency USA Funds (USA) filed suit last week in federal court against the Department of Education over a letter the Department sent on July 10, 2015 prohibiting agencies from imposing collection fees on borrowers who default on their loans but initiate payment arrangements within 60 days. The agency claims the letter amounts to capricious and irrational rulemaking that will harm consumers.
The Federal Trade Commission announced Friday it will host two additional Debt Collection dialogues this fall, in Dallas and Atlanta. The first event was co-hosted in June with the New York Attorney General’s Office in Buffalo. Industry sources said that meeting was a bit of a disappointment, as it didn’t live up to its promise of being […]
The recent order issued by the FCC regarding the TCPA encompasses 138 pages (including hundreds of footnotes) and created an instant tidal wave of questions, comments and uncertainty about the use of telephone technology to contact consumers on mobile phones. After digesting the order, Moss & Barnett attorneys John Rossman and Mike Poncin share what you need to know.
On June 22, 2015 the State of North Dakota Department of Financial Institutions sent notice to all collection agency licensees notifying them of legislative changes adopted in the 2015 legislative session that will have a direct impact on the regulation of collection agencies in their state (House Bill 1101). The primary statutory change relates to […]