Last month, insideARM reported that in the case of Hunstein v. Preferred Collection & Mgmt. Servs., No. 8:19-cv-983 (M.D. Fla. Oct. 29, 2019), the 11th Circuit Court of Appeals heard oral arguments regarding whether the practice of using a mail house to send demand letters to consumers violated the Fair Debt Collection Practices Act (FDCPA). Today, the Court has given us their answer, holding that transmitting data to a mail house to generate and send demand letters to consumers does indeed violate the prohibition on third-party disclosure set forth in 15 USCA § 1692c(b).
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In case you missed it, earlier this month, the CFPB reached settlements with two entities it accused of wrongdoing. On April 6, 2021, the CFPB issued a press release detailing the Consent Order it reached with Yorba Capital Management, LLC (Yorba) and its sole owner Daniel Portilla, Jr. (Portilla), and on April 13, 2021, the CFPB issued a press release detailing the Complaint filed and Stipulated Final Judgment and Order it reached with SettleIt, Inc (SettleIt)
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The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a class action complaint alleging that a collection letter’s itemization of a debt as including “$0.00” in interest and fees — when the debt could not accrue interest or fees — violated the federal Fair Debt Collection Practices Act.
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