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Multiple Calls to Same Party to Obtain Location Information Ruled OK in Some Instances

The Fourth Circuit Court of Appeals held that a debt collector did not violate the federal Fair Debt Collection Practices Act (“FDCPA”) when it made multiple calls to a third party in an effort to locate a debtor. In Worsham v. Accounts Receivable Management, filed yesterday, a…

November 6 Webinar: What Debt Collectors, Debt Buyers, and Collection Lawyers Need To Know About the CFPB Larger Participant Rule and CFPB Exams

Election Day is next Tuesday and it is also an opportunity to learn more about the Consumer Financial Protection Bureau’s plans to regulate attorneys and small businesses. Join me at 11:30 am ET along with Alan Kaplinsky, Chris Willis and John Culhane of Ballard Spahr…

POTUS Laudes CFPB in Weekly Address

In his October 27, 2012 weekly address to the Nation, President Obama praised recent efforts of the Consumer Financial Protection Bureau. Among the highlights: “[The CFPB’s] only mission is to fight for you.” “[The CFPB] recently ordered three big credit card companies to return more than $400 million dollars to folks who were deceived or…

CFPB Releases Larger Non-Bank Participant Rule – Small Businesses and Law Firms Impacted

Last night, the Consumer Financial Protection Bureau (CFPB) released its Larger Non-Bank Participant Rule. The Rule is available here. In addition to releasing the Rule, the CFPB  released an examination manual and a fact sheet. Some highlights: The Rule is effective January 2, 2013 — 70 days from…

New York Federal Court Strikes Down NYC Regulation of Attorneys Engaged in Debt Collection

A City of New York regulation that sought to regulate attorneys who practiced debt collection law, was struck down Wednesday by a Federal Court sitting in the Eastern District of New York because it violated New York’s Constitutional separation of powers. In Eric Berman, P.C. v.  City…

Fee Order Admonishes Plaintiff’s Firm for Claiming “Cut & Paste” Work as Original – Slices Fee Request 75%, Warns of Future Sanctions

While the use of form pleadings is not unusual, it becomes dicey when attorneys seek fees from their use of forms as “original work.” But when you use a fee petition that itself is a form pleading and claim it too is “original work,” you…