Consumer Financial Services Law

FEBRUARY 18, 2019

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC.,

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BN Lawyers

JANUARY 14, 2019

A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. But what if the debt collector initiates a process that is not readily stopped if the consumer makes a timely request for validation? In Scott v. Trott Law, P.C. ,

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 3d 502 (9th Cir.

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Debt Free Colorado

MARCH 3, 2023

Those who are no longer able to pay their debts can, however, start over through a legal process. A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. Do Bankruptcies Come in Different Types?

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Public Citizen

JULY 6, 2020

First, was allowing debt collectors to make robocalls, but prohibiting all other types of robocalls, allowed by the First Amendment? Second, if not, could the debt collection provision be severed? So good news for debtors, especially those in the throes of the COVID-45 pandemic. million complaints in 2019 alone.

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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. Colorado – On June 29, 2020, the Colorado legislature enacted Senate Bill 20-211.

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Debt RR

DECEMBER 13, 2019

trillion worth of debt. When faced with mounting debt, it’s inevitable that someone will come to collect. Many people are facing a debt collector threatening to serve papers. When courts get involved, debt collection gets serious. Of course, ignoring a process server doesn’t make the debt or lawsuit go away.

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Troutman Sanders

JANUARY 11, 2021

With these holdings, the Seventh Circuit stated that simply alleging a procedural violation, confusion, or annoyance under the FDCPA does not constitute an injury-in-fact and that plaintiffs need to show real harm resulting from their responses to debt collectors’ actions to have Article III standing in federal court. In Bazile v.

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Troutman Sanders

JUNE 28, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The new law limits a collection agency’s ability to collect on medical debt. You may access this interactive tool at [link].

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Troutman Sanders

AUGUST 16, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. 248 would require debt collectors to provide medical debtors with a 60-day notice of placement before collecting on any medical debt.

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FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. Two decisions out of the Second Circuit that have sparked a wave of new lawsuits against collectors are Avila v. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir.

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FDCPA Defense

NOVEMBER 11, 2014

It is impossible to catalogue the manifold ways, some subtle and some not, in which a debt collector may attempt to circumnavigate section 1692g.” 1989) (“The statute is not satisfied merely by inclusion of the required debt validation notice; the notice Congress required must be conveyed effectively to the debtor.

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