APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE
- The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.
APPEALS COURT OVERTURNS DISMISSAL OF FDCPA SUIT
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- The Fifth Circuit Court of Appeals has overturned a lower court’s dismissal of a lawsuit which ruled that an attempt to recover money that was overpaid as part of a grant program related to recovery efforts following Hurricanes Katrina and Rita do not classify as debts under the Fair Debt Collection Practices Act and given the plaintiff’s suit a second chance.
CALIF. LAWMAKERS STILL PUSHING TO CREATE OWN CFPB
- Things are moving fast and furious in California as state lawmakers are attempting to create their own version of the Consumer Financial Protection Bureau. While much of the details are still in the air, it does appear as though there is enough momentum to get something done by the end of the month. Some of those details that are still in the air, though, are major details, such as whom the new regulator will actually have the ability to regulate.
N.Y. AG EXTENDS COLLECTION MORATORIUM
- Even though the state seems to be controlling the number of coronavirus cases and in the face of other states relaxing the collection restrictions that they have put in place, the Attorney General of New York has extended — for the fifth time — a moratorium on collecting certain debts that are owed to the State of New York.
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