Statute of Limitations Archives - Page 2 of 16

November 29, 2021 by Stefanie H Jackman in Collection Laws and Regulations

New York Enacts Significant Changes Impacting Debt Collection Lawsuits

On November 8, 2021, New York Governor Hochul signed into law the “Consumer Credit Fairness Act” (S.153). The Act contains a series of amendments to the New York Civil Practice...

October 27, 2021 by Jenna Tersteegen in Collection Laws and Regulations

Maryland High Court Rules Debtors’ Attempts to Void Judgments for Unlicensed Debt Collection Subject to 3-Year SOL

The Maryland Court of Appeals, the state’s highest court, recently held that judgments obtained by an unlicensed debt buyer were not void, and that the debtors’ claims for unjust enrichment...

May 6, 2021 by Missy Meggison in Credit Reporting

Court Finds FDCPA SOL Accrues on Date Debt is Reported to CRA; FCRA Does Not Require Adherence to Metro 2 Guidelines

In these chaotic days for the accounts receivable industry, it’s important to take note of good news coming from court decisions. So, here’s today’s bit of good news: on April 28,...

March 18, 2021 by Rob Horwitz in Statute of Limitations

FDCPA’S Bona Fide Error Defense Applies to a Mistake of Law in Determining the Appropriate Statute of Limitations

Whether a mistake of law that results in the filing of a lawsuit after the expiration of the applicable statute of limitations is a bona fide error under the Fair...

December 18, 2020 by Katie Grzechnik Neill in CFPB

Part 2 of the CFPB's Final Debt Collection Rule (Reg F) is Here

Part 2 is here and, at long last, we now have the complete final debt collection rule — Regulation F — from the Consumer Financial Protection Bureau (CFPB or Bureau)....

December 17, 2020 by Katie Grzechnik Neill in Collection Law Firms

2020 Collections-Related Case Law Year in Review

The end of the year is my favorite — it’s the perfect time to review what’s happened in the courts over the past twelve months. While 2020 might have been...

October 30, 2020 by Katie Grzechnik Neill in CFPB

CFPB Debt Collection Rule Released: How Did the Cookie Crumble on Hot Industry Topics?

Seven years, two presidents, and three agency directors later, the Consumer Financial Protection Bureau's (CFPB) long-awaited final debt collection rule—also known as Regulation F—is finally here. The CFPB released the...

October 26, 2020 by Katie Grzechnik Neill in Collection Laws and Regulations

Debt Collection Should be on Congress' Mind, Congressional Research Service Suggests

Debt collection seems to be a hot item this month. Not only is the Consumer Financial Protection Bureau's (CFPB) final debt collection rule slated to be released at any time,...

October 20, 2020 by Katie Grzechnik Neill in Collection Laws and Regulations

The Trichell Offspring Saga: M.D. Fla. Dismisses FDCPA Suit for Lack of Standing

Interesting things are happening within the Eleventh Circuit and, finally, things are looking up for the industry in the litigation sphere. Back in July, the Eleventh Circuit Court of Appeals...

September 9, 2020 by Katie Grzechnik Neill in CFPB

CFPB Sues Encore for Issues Related to Collection Litigation and Time-Barred Debts (and the Irony Behind Some of These Claims)

Yesterday, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against Encore Capital Group, Inc. and its subsidiaries—Midland Funding, LLC and Midland Credit Management, LLC—for allegedly violating terms of the 2015...

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