News & Analysis as of

Fair Debt Collection Practices Act Debt Collectors Collection Agencies

Troutman Pepper

Indiana Appeals Court Rules That a Passive Debt Buyer Is a Debt Collector under the FDCPA and State Law

Troutman Pepper on

The Court of Appeals of Indiana recently upheld a lower court’s decision that a debt buyer who purchased a portfolio of defaulted student loans and placed an account with a collection agency qualifies as a “debt collector”...more

Troutman Pepper

Utah Court of Appeals Reverses Dismissal of Consumer Claims Based on Failure to Register Under Collection Agency Act

Troutman Pepper on

In a change of course, the Utah court of appeals has reversed the dismissal of a plaintiffs’ suit against a debt collector based on its alleged failure to register as a collection agency prior to filing collection suits....more

K&L Gates LLP

The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

K&L Gates LLP on

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under...more

Goodwin

CFPB Releases New Compliance Aid

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) released a new Compliance Aid; the U.S. Securities and Exchange Commission (SEC) proposed amendments to Form N-PX with the goal of making it easier and more...more

Manatt, Phelps & Phillips, LLP

[Webinar] Navigating the Challenges of Medical Debt Recovery - October 19th, 3:00 pm - 4:00 pm ET

With Medical Debt Hitting $140 Billion, Hospitals Are Taking Action. How Can You Maximize Collections While Minimizing Risks? Find Out at a New Manatt Webinar... New research published in the Journal of the American...more

Smith Debnam Narron Drake Saintsing & Myers,...

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action...

A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and determining they were reasonably calculated to avoid any errors. Guynn v....more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Holds that the Verbiage, “Settlement Offers May Have Tax Consequences”, in a Debt Collector’s Form Collection...

The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. The Court held that a form collection letter with offers of settlement did not “use… false representation or...more

Smith Debnam Narron Drake Saintsing & Myers,...

Seventh Circuit Joins Others on Debt Validation Requirements

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more

Stinson LLP

CFPB Presents Significant New Regulatory Requirements for Third-Party Debt Collectors

Stinson LLP on

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

Hinshaw & Culbertson LLP

CFPB Gives Preview of Changes Coming to the Collection Industry

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) issued a detailed outline of proposals that address some of the hot topic issues in the collection industry. Before they become rules, these proposals will...more

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