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…
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,…
The Consumer Financial Protection Bureau issued its annual report to Congress on the Fair Debt Collection Practices Act. As always, this report mixed a healthy dose of natural, self-congratulatory rhetoric with significant insights to the state of the industry and…
On April 6, 2017, the California Supreme Court invalidated a contractual arbitration provision on the basis that California state law prohibits enforcement of arbitration agreements that would bar claims for public injunctive relief. Its decision – California’s latest in a…
Foreclosure attorneys struggle to find an appropriate way to comply with the FDCPA’s requirement that a validation notice correctly state the amount of the debt in cases in which the balance is changing constantly due to a variety of factors. …
The FDCPA forbids communicating with a consumer “if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney…
Many debt collectors have struggled with the question of whether a failure to send a timely validation notice pursuant to the Fair Debt Collection Practices Act is curable. The Act itself provides no mechanism to cure or repair a violation,…
Earlier this week United Student Aid Funds prevailed on a summary judgment motion in a suit under the Telephone Consumer Protection Act, providing a measure of hope for creditors that are sued for dialer calls placed by independent third-party debt…
A recurring problem in bankruptcy is how lenders can provide information about a debt to a borrower without violating the discharge or the automatic stay. In some cases the borrower may wish to continue making payments and would appreciate receiving…
The Colorado Supreme Court has granted a petition for Writ of Certiorari to decide the following question: Whether the court of appeals erred in holding that an insurance subrogation claim made against an individual is not a "debt" under the…