Supreme Court Rejects Discovery Rule in FDCPA Cases

The United States Supreme Court has affirmed the Third Circuit Court of Appeals’ decision in Rotkiske v. Klemm, holding that Section 1692k(d) of the FDCPA “unambiguously sets the date of the violation as the event that starts the one-year limitations period.” The decision overrules cases from multiple circuits that have allowed application of the “discovery…

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Manny Newburger admitted in Massachusetts

Manuel “Manny” Newburger has been admitted as an attorney in the Commonwealth of Massachusetts.  Mr. Newburger is now admitted to practice in the states of Texas, Colorado and Massachusetts.   He was also recently admitted to the United States District Court for the Eastern District of Oklahoma.   He has now been admitted to practice in over…

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BNPC Ranked as Top Bankruptcy Litigation Firm

Barron & Newburger, P.C. has been recognized in the 2020 edition of Best Law Firms published by U.S. News and World Report.   The firm was ranked as Metropolitan Tier 1 in Austin for Bankruptcy Litigation.    The firm’s bankruptcy section is based in the Austin office and handles a variety of complex bankruptcy litigation and reorganization…

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Barron & Newburger Sponsors Austin Film Festival

Barron & Newburger, P.C. is a proud sponsor of the 2019 Austin Film Festival.  Known as the Writer’s Festival, this year’s festival features 23 movie premieres as well as numerous panels with industry leaders.   Barron & Newburger founder, Barbara Barron said,  “We have been a film festival sponsor for many years as a way to…

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Proofs of Claim on Time-Barred Debts Do Not Violate the FDCPA

A divided Supreme Court has ruled in Midland Funding, LLC v. Johnson that filing a time-barred proof of claim in bankruptcy does not violate the Fair Debt Collection Practices Act.  The opinion by Justice Breyer was joined by four conservative justices.  The opinion drew a dissent from Justice Sotomayor who was joined by Justices Ginsberg…

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Insights from CFPB Annual FDCPA Report — Customer Complaints

Last month, the CFPB published its annual report on the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. As with its former reports, the CFPB included a section about consumer complaints. In his introduction to the report, Director Richard Cordray states that debt collection was the number one category consumers complained about.…

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