The Superior Court of Pennsylvania, an intermediate appellate court, recently affirmed a trial court's order sustaining preliminary objections to a complaint alleging violations of Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA), which incorporates by reference the federal Fair Debt Collection Practices Act (FDCPA).
Posts tagged as “Receivables”
The U.S. Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff had Article III standing to sue because his federal Fair Debt Collection Practices Act claim was similar to a common law "intrusion upon seclusion" claim, even though it involved only a single unwanted call.
In a bankruptcy trustee's adversary action to recover money paid to a collection agency within 90 days prior to the filing of the debtor's bankruptcy petition, and pursuant to a previous garnishment order, the U.S. Court of Appeals for the Seventh Circuit recently reversed the ruling of a trial court denying the trustee's application.
Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023.
Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
The U.S. Court of Appeals for the Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.
Legislation introduced in the New Jersey Assembly and Senate would prohibit “health care providers” from furnishing information concerning medical debt to credit reporting agencies.
The New York Court of Appeals recently reversed the rulings of both the trial court and intermediate appellate court and held that under Article 9 of the Uniform Commercial Code (UCC) a secured lender may collect the accounts receivables owed to the debtor by third parties.
Continuing with the heavy trend 2022 has seen of both federal and state regulator focus on medical debt coming on the heels of the aftermath of the COVID-19 pandemic, a bill introduced in the U.S. Senate is taking aim at the collection of medical debt.
A group is pushing Arizona Proposition 209, a ballot measure they say will reduce the burden of “medical debt.” But while a small portion of Proposition 209 might relieve some of the burden of medical debt, other beneficiaries are swindlers and bad actors.
3rd Cir. Grants Motion to Compel Arbitration in Case Where Validity of Assignment of Contract is at Issue
The U.S. Court of Appeals for the Third Circuit recently confirmed that parties may contractually delegate questions of arbitrability to the arbitrator and reversed a District Court’s order denying a debt buyer's motion to compel arbitration when there was a question about the validity of assignment of the underlying contract.
Continuing Its Focus on Consumer Medical Debt, CFPB Issues April Report Spotlighting Medical Billing and Collection Issues
Medical debt continues to dominate the headlines in 2022 and continues to be an area of significant focus for the Consumer Financial Protection Bureau.