Remove category first-circuit
article thumbnail

CFPB Clarifies Legality Of Debt Collector Pay-To-Pay Fees

Collection Industry News

In short, the press release associated with this advisory opinion quotes CFPB Director Rohit Chopra as clarifying his view that “Federal law generally forbids debt collectors from imposing extra fees not authorized by the original loan,” and that “these fees are often illegal.” SAC 14-0771-DOC, 2015 WL 4254032, at 10 (C.D.

article thumbnail

Debt Collection and Estates: District of New Jersey Court Grants in Part and Denies in Part Defendant’s Motion to Dismiss FDCPA Case

Troutman Sanders

Greenspoon Marder LLP , Judge Vazquez of the District Court for the District of New Jersey granted the defendant’s motion to dismiss the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim in part and dismissed it in part. ” The court analyzed each of the plaintiff’s contentions in turn.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Q2 Industry Insights: Higher Monthly Expenses for Consumers, Regulatory Guidance for Financial Institutions

True Accord

There were also a couple of notable court decisions impacting debt collectors last quarter. Key Indicators and the Student Loan Predicament According to the New York Fed’s Quarterly Report on Household Debt and Credit , total household debt increased in the first quarter of 2023 by $148 billion (.9%) 9%) to $17.05

article thumbnail

Avoiding Overshadowing Claims

FDCPA Defense

Although collectors are not required to quote from the text of section 1692g verbatim, that is probably a good first step. The First Circuit recently observed: “Overshadowing is rarely a black-or-white proposition: there are many shades of gray. we look first to what Congress said the validation notice must contain.