Archive for July 2015 – Page 2

Eleventh Circuit Holds FDCPA Applies to Filings Directed at Court or Debtor’s Counsel, Not Debtor

The U.S. Court of Appeals for the Eleventh Circuit recently held that the FDCPA applies to litigation activity, even when the debt collector’s conduct is directed at someone other than the consumer, such as the court or the debtor’s counsel. A copy of the opinion is available at: Link to Opinion. A creditor obtained a

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Dialing Into the FCC’s TCPA Rulings

The FCC’s much anticipated TCPA rulings were released this past Friday. On Friday, July 17, our panel of esteemed TCPA attorneys – both plaintiff’s and defense – will give you a first look at how the rulings will drive TCPA litigation, from both the plaintiff’s and defense perspective. I expect to hear some interesting debate. Here

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FCC Issues Significant TCPA Interpretation Changes Affecting Telemarketing, Servicing

The Federal Communications Commission has issued its Declaratory Ruling and Order FCC 15-72 addressing more than 20 requests for clarification or other action relating to various issues under the TCPA. One of the dissenting Commissioners Ajit Pai noted that, “[r]ather than focus on the illegal telemarketing calls that consumers really care about, the Order twists

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FTC Bans Scammers Who Targeted Spanish-Speaking Consumers

The operators of a fraudulent debt collecting scheme have settled Federal Trade Commission charges against them by agreeing to be banned from the debt collection business and telemarketing. The defendants were named in an FTC complaint last year, which alleged that they collected millions of dollars from Spanish-speaking consumers throughout the country by demanding they

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Maine Amends Debt Collection Statute, Bills Pending in Other States

Maine has amended its statute regulating debt collection while bills regarding debt collection are pending in other states.  Here’s a breakdown of Maine’s amendments: Written or Court Entered Settlement and Payment Agreements Settlement agreements must be in a writing or entered in “open court” or “approved by the court and included in a court order.”

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Eighth Circuit Confirms Collection Action Not ‘Adverse Action’ Under FCRA

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act (FDCPA), federal Fair Credit Reporting Act (FCRA), and state law claims where a debt collector for a major bank pulled the debtor’s credit report and served a garnishment summons after the debtor allegedly

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Senate Bill Proposes to Make Robocalls a Federal Crime

A bill before the U.S. Senate would make commercial robocalls a federal crime, exacting up to a $20,000 fine and a prison sentence of up to 10 years. Introduced on June 25 by Sen. Chuck Schumer (D-NY), S. 1681 would criminalize the use of an automatic telephone dialing system or an artificial or prerecorded voice for calls

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Florida Court Denies Motion to Dismiss FCCPA Claim Against Loan Owner Based on Alleged Conduct of Servicer, Foreclosure Counsel

The Seventh Judicial Circuit Court of Florida recently denied a motion to dismiss a borrower’s counterclaims alleging violations of the Florida Consumer Collections Practices Act (FCCPA) against the owner of a mortgage loan, based on alleged communications by the servicer and foreclosure counsel with a debtor supposedly known to be represented by counsel and attempting

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First Circuit Holds Mortgagor Cannot Sue Mortgagee to Quiet Title in Title Theory State

The U.S. Court of Appeals for the First Circuit recently affirmed the dismissal of two mortgagors’ quiet title allegations against a mortgagee, holding that the plaintiff mortgagors could not assert a quiet title claim under Rhode Island law against the mortgagee defendants because Rhode Island is a title theory state, and the mortgagors’ equitable interest

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