Archive for April 2014

Court Finds Plaintiff’s FDCPA Complaint Filed in Bad Faith, Awards Fees

While there are many reported cases discussing attorney fee awards to successful plaintiffs under the Fair Debt Collection Practices Act, fee awards for defendants who had to endure bad faith complaints are few and far between.  Recently, one of these rare opinions surfaced in the Eastern District of Missouri in Nguyen v. Capital One Bank,

Read more →

House Committee to Query Financial Regulatory Agencies

The House Financial Services Committee will question representatives of federal financial regulatory agencies during a hearing tomorrow entitled, “Who’s In Your Wallet: Examining How Washington Red Tape Impairs Economic Freedom.” According to the committee, “This hearing will examine the economic consequences of recent rulemaking, supervisory, and enforcement actions of the Consumer Financial Protection Bureau, the Federal

Read more →

10 Repo Agents Agree to Stop Working for Title Loan Co’s in NY

Title loan lenders are under fire from New York Attorney General Eric Schneiderman who announced this week that he reached “agreements” with 10 repossession agents to stop accepting their repossession assignments. Title loan companies do not establish a physical presence in New York to avoid  its 16 percent maximum loan interest rate for unlicensed lenders, according to a press

Read more →

VIDEO: Where Are the Missing CFPB Complaints?

The Consumer Financial Protection Bureau has issued its Consumer Response Annual Report which includes complaints related to debt collection. As it did in its Annual Report on Debt Collection issued on March 20, the CFPB again represents having received “approximately 31,100 debt collection complaints” in 2013. This number, however, is far greater than the number of debt

Read more →

Branded Credit Card Time Barred By Sale of Goods Limitations Period

The  New Jersey Appellate Division held in a surprising decision that a retail-branded credit card was time barred by its four year statute of limitations for the sale of goods. Trial Court Applied Six Year Statute A debt buyer filed a complaint in July 2012 to recover a defaulted store-branded credit card. The debtor counterclaimed under

Read more →

TCPA Prior Express Consent Must Come From ‘Called Party’

The Telephone Consumer Protection Act requires a call placed to a cellular phone using an autodialer, to have the prior express consent of the person who received the call, the Eleventh Circuit Court of Appeals held this past Friday. In Osorio v. State Farm Bank, debt collection calls were made to a cellular phone line subscribed

Read more →