Remove 2023 11
article thumbnail

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

Burr Forman

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default judgment was later vacated. 21-3307, 2023 WL 154970, at *1 (3rd Cir. FBCS, Inc. ,

article thumbnail

Third Circuit Affirms Dismissal of FDCPA Claim Arising from State Court Clerical Error

Troutman Sanders

May a debt collector incur liability under the Fair Debt Collection Practices Act (FDCPA) by seeking to collect a debt under a state court judgment later determined to be void? Not according to the Third Circuit Court of Appeals in a nine-page opinion issued on January 11, 2023 in the case of Barbara Lowe v.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA or FCRA

Troutman Sanders

248), which places new restrictions on the collection of consumer medical debt. In doing so, the court found the bill neither ran afoul of the First Amendment, nor was preempted by the federal Fair Debt Collection Practices Act (FDCPA) or Fair Credit Reporting Act (FCRA). Read on for further analysis.

article thumbnail

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Representative Madeleine Dean reintroduced the Fair Debt Collection Practices for Servicemembers Act. Over 11 million families are behind on their rent or mortgage payments: 2.1 The CPDA will become effective on January 1, 2023. For more information, click here. On March 5, U.S. For more information, click here.

article thumbnail

Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. On July 26, the CFPB published its Summer 2023 Supervisory Highlights report. Next, the Senate and House will need to reach a compromise between their versions of the bill.

article thumbnail

Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Speaking at the Consensus 2023 conference, Senator Lummis stated that the next installment of her bill — the Responsible Financial Innovation Act — will be presented to the Senate within eight weeks. The fund, which announced its blockchain integration during Consensus 2023 , invests at least 95.5% In April 2023, the U.S.