Remove 2015 11
article thumbnail

Why Buffalo is a hub for illegal debt collectors

Collection Industry News

Ciffa’s offices in Niagara Falls and Kenmore, debt collectors intimidated their victims with illegal threats of arrests and lawsuits. According to federal prosecutors, an elderly cancer patient in Texas was so rattled by the threats that she borrowed $500 from her sister to help pay off a debt of $1,285. Source: site.

article thumbnail

Eleventh Circuit Continues to Explore Definition of Debt Collector

Consumer Financial Services Law

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. 3d 1309 (11 th Cir. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. LEXIS 19750 (11 th Cir.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Court Holds That Consumers Cannot Engineer FDCPA Violations

Consumer Financial Services Law

Delta Outsource Group, the consumer, who was employed as a collector by another debt collector, received two calls from the collection agency while at work. The court denied summary judgment agreeing with the debt collector that a question of fact remains as to whether the debt collector violated the FDCPA.

article thumbnail

Debt Collectors Are Thriving This Year – And Now They’re Filing Even More Suits

Collection Industry News

It was a great time to be a debt collector. In August, Encore Capital, the largest debt buyer in the country, announced that it had doubled its previous record for earnings in a quarter. The only people who would do this are debt collectors who have no ongoing relationship with someone.”

article thumbnail

Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir.

article thumbnail

New York City DCA Issues Covert Regs Governing Interactions with Consumers Who Do Not Speak English

BN Lawyers

On June 11, 2020, the New York City Department of Consumer Affairs (“DCA”) released amendments to its debt collection regulations aimed at addressing communications with consumers who may have limited English proficiency (the “Amendments”). Fast forward to June 11 th when, to the industry’s surprise, these Amendments were published.

article thumbnail

Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

This would render meaningless the FDCPA's carefully drawn distinction between debt collectors and enforcers of security interests, and expand the scope of the FDCPA well past the boundary of clear congressional intent and common sense.” Ocwen Loan Servicing, LLC , 2015 WL 11256663, *6 (D. See Avila , 817 F.3d 3d at 76-77.