The U.S. District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. Gen. Law. Ch. 93 and 93A claims, holding that a constable qualifies as a “debt collector” under the Fair Debt Collection Practices Act and a “creditor” under Mass. Gen. Laws ch. 93.
Posts published in “Debt Collection”
The U.S. Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA).
The federal Consumer Financial Protection Bureau has issued an Advisory Opinion on "convenience" or "speed pay" fees, such as "fees imposed for making a payment online or by phone," under the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Sixth Circuit recently ruled that a debt collector violated the federal Fair Debt Collection Practices Act when it sued a debtor’s wife to recover her husband’s legal fees under Ohio’s Necessaries Statute.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s dismissal of a consumer’s complaint against a mortgage servicer brought under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
The Court of Appeals of California, Fourth District, recently affirmed a trial court’s order requiring compliance with an investigative subpoena served by a number of county district attorneys’ offices.
A New York federal judge on April 28 temporarily enjoined three New York sheriffs from refusing to enforce judgment executions which seek to collect judgment interest “calculated with the interest rate in effect at the time the judgment was obtained.”
Medical debt continues to dominate the headlines in 2022 and continues to be an area of significant focus for the Consumer Financial Protection Bureau.
Medical debt continues to capture the attention of state and federal government, with lawmakers and regulators continuing to target how medical debt is collected and how it is reflected on a consumer credit report.
In an update to an article we published earlier this week regarding the three major credit reporting agencies Equifax, Experian and TransUnion issuing a joint statement last week regarding how medical debt will be treated and reported on consumer credit reports, those agencies provided further clarification to data furnishers on March 22.
In just a few weeks several provisions of the New York Consumer Credit Fairness Act (NYCCFA) will take effect.
In a year that is still quite young, medical debt continues to find its way into the headlines of the receivables management industry. Continuing the trend, this past Friday, March 18, saw the three major credit reporting agencies Equifax, Experian and TransUnion issue a joint statement regarding how medical debt will be treated and reported on consumer credit reports.