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Posts published in July 2011

CFPB Unveils Online Credit Card Complaint Form – “Form over Substance”

On Day Two of the Consumer Financial Protection Bureau (“CFPB”), it unveiled its online Credit Card Complaint form. It is available here: http://tinyurl.com/3o9p8pr. Enter a complaint and the CFPB says “We’ll forward your issue to your credit card company, give you a tracking number, and keep you updated on the status of your complaint.” In keeping with the  unique look of the CFPB’s website, the form is neat, sleek and real simple, but there’s a problem – credit card holders may lose important rights when deciding to use the CFPB’s portal as their only form of making disputes. Credit card…

Third Circuit Holds §1692g(a) Claim must be Brought Within One Year of First Communication

A claim that a debt collector violated §1692g(a) of the Fair Debt Collection Practices Act (“FDCPA”) must be filed within one-year of the first communication, the Third Circuit recently held in Peterson v. Portfolio Recovery Associates, LLC, Case Nos: 10-2824 & 10-4013, 2011 U.S. App. LEXIS 11453 (3d Cir. June 6, 2011). In this decision, the first by a circuit court on the issue, the court specifically rejects the notion that subsequent communications by a debt collector can constitute separate and discreet violations of §1692g(a). Section §1692g(a) provides that a debt collector must provide a consumer with certain written disclosures…