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Judge Rules that Government Debt is Covered by FDCPA, Forcing Collection Agency to Defend

A federal judge this week sided with a consumer plaintiff in denying a motion to dismiss an FDCPA class action case. The collection agency defendant argued that the debt did not fall under the FDCPA because it was incurred in a transaction required by law. The case also involves a claim concerning disclosure through a clear envelope window, a recent development that is sure to pop up more frequently.

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Federal Judge Says FCC Fails on Consent Rules Clarity in TCPA Class Action Ruling

A district judge in Wisconsin last month denied a plaintiff’s petition for class certification in a TCPA case concerning debt collection calls. In an epic footnote discussing his reasoning, the judge noted that the FCC has been lacking in clarifying its rules on consent under the TCPA, and that efforts have revealed that the regulator “appears to be allergic to brevity and clarity.”

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Developments in 1099-C Case Against BofA Should be Closely Watched by ARM Firms

Bank of America is currently fighting a case filed by a consumer that received a 1099-C form from the bank. Although BofA dodged federal claims — notably FDCPA — in the case, it will still have to defend other charges in state court. As we approach tax season, any debt firm that sends 1099-C forms to consumers should watch developments closely.