Consumer Financial Services Law

OCTOBER 2, 2017

Credit Control, LLC, 2017 U.S. Sept, 22, 2017), the debt collector left a message which stated: This is Credit Control calling with a message. This call is from a debt collector. The debt collector moved to dismiss relying, in part, on Zortman v, J.C. Hart at *9-10. Hart at *2.

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Consumer Financial Services Law

JULY 12, 2017

Carrington Mortgage Services, LLLC, 2017 U.S. July 5, 2017), Carrington sent a “Notice of Servicing transfer” to the plaintiff alerting him that his mortgage servicing was being transferred to Carrington. 1692e(10) by failing to disclose that the balance on his debt was increasing due to interest. In Baptiste v.

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Consumer Financial Services Law

OCTOBER 16, 2017

By Zachary Dunn October 16, 2017 The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” Van Ru Credit , 2017 U.S. See Johnson v. Riddle , 443 F.3d 3d 723, 727-28 (10th Cir. 1692d(6). In Berry v. LEXIS 164266 (D.

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Consumer Financial Services Law

JANUARY 3, 2018

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. 30, 2017), the plaintiff, Fatema Islam, failed to pay the balance due on her credit card with Bank of America, N.A., See 15 U.S.C. In Islam v. Recovery Serv.

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Consumer Financial Services Law

MARCH 1, 2018

2017) regarding revival warnings in collections letters on time-barred debt. The ruling resulted in summary judgment as to liability for a certified class of plaintiffs due to a collection agency failing to include a warning that payment could revive the statute of limitations on time barred debt. 1692e(10) as a matter of law.

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Troutman Sanders

MAY 9, 2023

For the first year after the effective date of the proposal, these firms would be subject to an excise tax of 10% of the costs of electricity they use in digital asset mining. billion in revenue over 10 years. The excise tax would then increase to 20% in the second year, and it would reach its maximum of 30% in year three.

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Consumer Financial Services Law

APRIL 10, 2018

Choe The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. Therefore, as a matter of law, Defendant’s form letter did not violate § 1692e(10) of the FDCPA. By: Hannah D. Gutman, Mintz, Baker & Sonnenfeldt LLP , 875 F.3d 3d 128, 135 (2d Cir. 3d 360, 363 (2d Cir.

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FDCPA Defense

FEBRUARY 1, 2018

Two decisions out of the Second Circuit that have sparked a wave of new lawsuits against collectors are Avila v. In Avila , the collector sent letters that accurately stated the “current balance” due as of the date of the letters. Determining the line between foreclosure activity and debt collection, however, can be elusive.

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Troutman Sanders

MARCH 4, 2024

The agency is mailing notices to 1,137 businesses who were customers of First American between June 2017 and April 2020, and later cancelled their services. This legislation addresses conflicts between the “Protecting Consumers from Unjust Debt Collection Practices Amendment Act of 2021” and existing regulations for public utilities in D.C.’s

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Troutman Sanders

NOVEMBER 8, 2022

The provider allegedly failed to fix problems with its data security despite experiencing four security breaches since 2017. On November 3, the Massachusetts Division of Banks issued a cease-and-desist order to a debt collector believed to have been operating within the state for more than six years without the requisite state licensure.

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Troutman Sanders

MARCH 14, 2023

Critically, the letter requests Binance, among other things, to produce complete copies of all Binance and Binance subsidiary balance sheets from 2017 to the present. The bill subsumes debt buyers into the definition of “collection agency,” subjecting debt buyers to regulation by the state’s Collection Agency Board.

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Troutman Sanders

MARCH 6, 2023

Critically, the letter requests Binance, among other things, to produce complete copies of all Binance and Binance subsidiary balance sheets from 2017 to the present. The bill subsumes debt buyers into the definition of “collection agency,” subjecting debt buyers to regulation by the state’s Collection Agency Board.

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