Sat.Jul 08, 2017 - Fri.Jul 14, 2017

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Fifth Circuit Affirms Debt Collector’s Duty to Report Disputed Debt

Consumer Financial Services Law

A recent opinion from the Fifth Circuit should serve as a reminder to debt collectors that their duties as to disputed debts are not governed solely by section 1692g. In Sayles v. Advanced Recovery Systems , Advanced Recovery Systems (“ARS”) sent debt validation notices pursuant to section 1692g to the plaintiff regarding two debts. The notices were sent to the plaintiff’s last known address in June and September of 2013.

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Mortgage Servicer’s Transfer Notice Violates FDCPA

Consumer Financial Services Law

Mortgage servicers need to carefully review their Transfer Notices when the debt is in default at the time of transfer. In an unpublished decision, the Eastern District of New York recently held that a “Notice of Servicing Transfer” violated 15 U.S.C. §1692e(10). In Baptiste v. Carrington Mortgage Services, LLLC, 2017 U.S. Dist. LEXIS 103609 (E.D.N.Y.