The Kaplan Group

MARCH 24, 2022

In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act. The FDCPA was enacted by congress in 1977, so the standards regarding communication between debtors and collectors were not up to speed with modern technologies. What are the new rules regarding social media contact?

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Troutman Sanders

NOVEMBER 8, 2023

After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment. This same evidence also supported findings that the plaintiff was financially vulnerable and that the defendant had engaged in repeated collection activity.

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. The statements also warned that failure to pay may result in the loss of Debtors’ home and provided options for payment.

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Burr Forman

APRIL 23, 2021

In a decision that could throw the debt-collection industry into turmoil, on April 21, 2021, the Eleventh Circuit Court of Appeals released its opinion in the case Hunstein v. Preferred Collection & Mgmt. Compumail used this information to create, print, and mail a dunning letter to the consumer. .

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Jimerson Firm

JANUARY 12, 2024

In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. Section 559.72(9) 9) , provides as follows: 559.72 Prohibited Argument No.

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Collection Industry News

OCTOBER 24, 2024

Nationwide, consumers collectively owed $1.1 percentage points, the impact of the cut on APRs “will probably only save the average credit card debtor a couple of dollars per month off their bill,” LendingTree credit analyst Matt Schulz told CBS MoneyWatch in September. ” The post 2 in 5 U.S.

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir.

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Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. This Bulletin serves as an update to that non-exhaustive compilation of information.

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Troutman Sanders

JUNE 28, 2021

The new law limits a collection agency’s ability to collect on medical debt. The proposed amendments include changing the definition of medical debt, allowing medical debtors to initiate contact and make voluntary payments, and preventing certain written communications from being sent via certified mail.

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