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Posts published in “Debt Collection”

MD Fla Denies Class Cert. in FDCPA Case, Citing Ascertainability, Predominance Issues

In an action alleging that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a form letter attempting to collect on allegedly time-barred debts, the U.S. District Court for the Middle District of Florida recently denied the plaintiff’s motion for class…

2nd Cir. Holds FDCPA Action Accrues When Injury Occurs, Not Necessarily When Violation Occurs

The U.S. Court of Appeals for the Second Circuit recently reversed dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim based on the statute of limitations, holding that an FDCPA violation occurs when a bank freezes a debtor’s bank account, not when a…

Pennsylvania Bill Would Drastically Limit Telephone Calls to Debtors

On Nov. 20, Pennsylvania Senators Greenleaf, Tartaglione, Rafferty and Pileggi introduced SB 1072, which was referred to the Consumer Protection & Professional Licensure Committee.  The legislation, if enacted, would the limit the number of telephone communications that a creditor or debt collector may have with…

Oregon Fed. Court Holds Request to ‘Please’ Provide Debt Dispute in Writing Violates FDCPA

The U.S. District Court for the District of Oregon recently held that a notice provided pursuant to 15 U.S.C. 1692g that also contained additional language requesting that a dispute of the debt “please” be sent in writing violated the federal Fair Debt Collection Practices Act…

6th Cir. Holds Voicemail to Third Party Did Not Convey Info as to Debt, Did Not Violate FDCPA

The U.S. Court of Appeals for the Sixth Circuit recently affirmed judgment on the pleadings in favor of a debt collector because the voicemail in question, which was left at the plaintiff’s business, was not a “communication” as defined by the federal Fair Debt Collection…

Supervisory Highlights Reveals Wide-Spread Compliance by Debt Collectors

The Consumer Financial Protection Bureau’s latest edition of Supervisory Highlights was released last week. I expected some stinging comments directed at debt collectors and debt buyers, given the recent consent decrees. What I found was the opposite. The 45-page report devoted only three paragraphs to supervised…

Massachusetts Legislature Mulls Harmful Consumer Debt Collection Bill

Proposed legislation to enact Massachusetts’ Family Financial Protection Act (S. 146 – H. 804)  was considered during a hearing before the Joint Financial Services Committee on Oct. 27. The legislation, in part, defines active and passive debt buyers as “debt collectors.” It also places limits on garnishable wages, establishes…