Supreme Court to Consider Role of District Courts in Reviewing Agency Rules In granting certiorari in the case of Carlton & Harris v. PDR Network, LLC, the United States Supreme Court appears poised to guide district courts in their interpretation…
The Minnesota Department of Commerce has entered into a consent order with Range Credit Bureau, Inc. The order fines the collection agency for a number of practices including: noncompliance with State escheat laws by failing file reports of Unclaimed Property…
On August 3, 2018, a federal district judge rejected the defendants’ motion to dismiss in Consumer Fin. Prot. Bureau v. Think Fin., LLC. The motion, which was supported by a joint amicus curiae brief from The Native American Financial Services…
The U.S. Second Circuit Court of Appeals has issued its decision in Taylor v. Fin. Recovery Services, Inc., affirming that a debt collector’s letters did not violate the FDCPA by failing to state affirmatively that interest was not accruing. Taylor…
The Minnesota Department of Commerce and the Wisconsin Department of Financial Institutions, Division of Banking have entered into their first joint consent order with a collection agency. American Accounts & Advisers, Inc. agreed to a civil penalty of $200,000 of…
A line of cases developing within the Third Circuit highlights the need for the Supreme Court to grant the pending petition for a writ of Certiorari in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC. The crucial question to be…
Section 1692g of the FDCPA requires that “within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall . . . send the consumer a written notice” of the…
A false statement by a debt collector must be “material” to be actionable under the FDCPA. This principle has been recognized by the United States Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh, Eighth, and Ninth Circuits. On…
In a decision that cries out for legislative action the United States Court of Appeals for the Seventh Circuit has ruled that attorneys who collect consumer debts in the Seventh Circuit may not rely upon decisions of the Seventh Circuit…
Earlier this month, Justice Gorsuch’s opinion in Henson v. Santander Consumer USA, Inc. served as a reminder that courts should refrain from reading absent terms into clear and unambiguous statutory language. On June 22, the Second Circuit followed this directive…