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New FDCPA Requirement for Debt Verification: Is There More to the Story?

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.


Circuit Court Upholds Award of Fees for Defendant in an Absolutely Crazy FDCPA Case

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.

Recording Phone Calls

California Call Recording Law Loses its Teeth; Collectors to Benefit

Many debt collection companies record calls to ensure quality and compliance in their operations. This practice has proven a double-edged sword, as it makes agencies possibly vulnerable to liability under state statutes regulating call recording. California’s call recording statute may be the most draconian of all, but that might be changing after a recent ruling.