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Middle District of Florida Clarifies Application of FDCPA and FCCPA Statutes of Limitation

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.


Collection Settlements Are Dead: The Sequel

Just in time for the summer movie season, one court has given debt collection litigation lawyers yet another reason to disconnect the telephone and computer. Now identifying yourself as a lawyer or a law firm on a voice mail or telephone message is sufficient facts to state a claim for a Fair Debt Collection Practices Act (FDCPA) violation.


CFPB, Other Feds, and State AGs Announce $1 billion Mortgage Servicing Action

The CFPB and attorneys general in 49 states and the District of Columbia filed a proposed federal court order requiring SunTrust Mortgage, Inc. to provide $500 million in loss-mitigation relief to underwater borrowers. The order also requires SunTrust to pay $40 million to approximately 48,000 consumers who lost their homes to foreclosure and $10 million to the federal government.