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Posts published in “Debt Collection”

Illinois App. Court (5th Dist) Upholds Dismissal of FDCPA and State Law Claims That 4-Yr UCC SOL Applied to Credit Card Purchases

The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of…

CFPB Releases Proposed Rules to Govern Collection Activities Under the FDCPA and Dodd-Frank Act

The Consumer Financial Protection Bureau today released its Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act. Years in the making, the proposed rules if adopted would bring significant changes to the form and manner of debt collector communications to consumers, credit…

Missouri Supreme Court Reverses Class Cert Due to Overbreadth and Typicality Issues

The Supreme Court of Missouri recently held that a trial court abused its discretion by certifying an overly broad class with a class representative whose claims against the debt collector defendant were not typical of the class. More specifically, the class definition was deemed overbroad…

SD Fla. Denies FDCPA Class Certification Due to Individual Issues of ‘Actual Damages’

The U.S. District Court for the Southern District of Florida recently denied a consumer’s motion for class certification in a putative class action against a debt collector. In so ruling, the Court concluded that the plaintiff consumer’s proposed class — which included members who did…

Bending the FDCPA to the Breaking Point: 3rd Cir. Broadens Scope in Ruling Creditor is a Debt Collector

An entity whose principal business is to purchase debt, but did not itself collect the debt it purchased, was found to be a debt collector subject to the federal Fair Debt Collection Practices Act (FDCPA), even though the collection activity was undertaken by other entities.…

Trio of New York Bills Would Extinguish Debt, Require Licensing and Impose Additional Requirements in Collection Litigation

A trio of bills currently pending in the New York State Senate would extinguish debt, require licensing and impose additional requirements in collection litigation. New York Senate Bill 691 and Senate Bill 2239 would completely extinguish the right to collect debt arising from a consumer…

New Texas Debt Buyer Legislation Would Require More Notices, Addresses Legal Actions 

Newly introduced legislation in Texas, House Bill 996, addresses when a debt buyer can initiate legal action or arbitration to collect a consumer debt and requires specific notices with respect to out-of-statute debt. “Debt buyer” is defined as “a person who purchases or otherwise acquires a…