Press "Enter" to skip to content

Posts published in “Debt Collection”

Beware Short-term Lenders – Watch Your Collections! CFPB Announces Consent Decree with Short-term Lenders

The Consumer Financial Protection Bureau on June 2 announced a settlement with a Tennessee-based company and its subsidiaries that provide short-term loans (payday or auto-title) for the lenders' conduct at all stages of their operations, including providing “deceptive finance charge disclosures … failing to refund overpayments ... and engaging in unfair debt collection practices.”

CFPB Extends Comment Period for Supplemental Notice of Proposed Rulemaking on Time-Barred Debt

The federal Consumer Financial Protection Bureau has extended the deadline for public comments on its Supplemental Notice of Proposed Rulemaking on time-barred debt disclosures to Aug. 4. The Bureau stated its reason for the extension as “the impact of the COVID-19 pandemic.”

11th Cir. Holds TCPA Consent Cannot Be Unilaterally Revoked, But Allows Unrelated FCCPA Claim to Proceed

The U.S. Court of Appeals for the Eleventh Circuit recently reversed entry of summary judgment in favor of a satellite television provider against a consumer on claims that it violated the Florida Consumer Collection Practices Act by attempting to collect a debt it knew had been discharged in bankruptcy and directly contacting the plaintiff consumer knowing she was represented by counsel.

5th Cir. Reverses Sanctions Against Consumer’s Counsel for Failure to Promptly Settle

The U.S. Court of Appeals for the Fifth Circuit recently reversed a trial court’s order sanctioning a consumer’s counsel for failure to promptly settle a lawsuit, but affirmed the trial court's order denying a motion to recuse because the trial court was not biased against the consumer.

5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

The U.S. Court of Appeals for the Fifth Circuit recently affirmed entry of summary judgment against a consumer debtor who claimed that a collection letter’s language, implying that interest or other charges (which the debt collector did not collect on debts referred to it by the creditor and were not referenced in the subject credit agreement) could accrue in the event of a default, violated the federal Fair Debt Collection Practices Act (FDCPA).

Idaho Introduces ‘Idaho Patient Act’ Relating to Medical Collections

Idaho HB 425 was introduced on Feb. 6, 2020, to address the perceived issue that “current Idaho law enables excessive attorney's fees and fails to provide judges with clear guidance to combat abuses of the collections process.” This proposed law would apply to “any person” and does not limit its application to debt collectors.