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CFPB Releases Annual FDCPA Report to Congress

The Consumer Financial Protection Bureau today released its Annual Report to Congress on the Fair Debt Collection Practices Act (“FDCPA”). The Report outlines the consumer complaints received by the Bureau and the Federal Trade Commission relating to FDCPA practices, the Bureau’s efforts in supervising persons…

FCRA Decision of the Day: Vartanian v. Portfolio Recovery Associates

Today’s  Decision of the Day is Vartanian v. Portfolio Recovery Associates, a Fair Credit Reporting Act (“FCRA”) opinion from the United States District Court for the Central District of California. The opinion examines the FCRA’s conflicting preemption provisions,  § 1681t(b)(1)(F) and § 1681h(e), in the context of a claim arising from…

SCOTUS – Unsuccessful Plaintiffs in FDCPA Cases Can Be Liable for Costs Without Showing Bad Faith

In a seven to two opinion released this morning, the Supreme Court held that a plaintiff, who is unsuccessful in a claim under the Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C. 1692, et seq., can be liable for the defendant’s costs even if the lawsuit was not…

Whitepaper: Model RPC Changes from the ABA 20/20 Commission Impacting Credit and Collection Attorneys

Last August the American Bar Association adopted several amendments to its Model Rules of Professional Conduct. Several of these changes would impact attorneys engaged in credit and collection law, if adopted in their jurisdictions. I’ve prepared the attached whitepaper outlining the amendments.  More information on the ABA’s 20/20…

CFPB Exam Primer for Law Firms

Here are the slides from my presentation The Consumer Financial Protection Bureau’s Impact on the Practice of Law made to the New Jersey Creditor’s Bar Association (NJCBA) on February 19, 2013. The NJCBA is a terrific organization supporting attorneys engaged in the practice of collection and credit law in New…

Presenting “Ready or Not, Here Comes the CFPB” at DBA International’s Conference Feb. 7

What would it be like to undergo a CFPB examination? What will be the CFPB’s focus in examining debt purchasers and what methods will the CFPB use to gather information about their operations? Find out at the DBA International Conference next week where I’ll be…

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…