Benchmarks: Calling debtor a ‘liar’ may violate FDCPA 
By:
Pat Murphy
Published: April 18, 2013
Tags: debt collection, Fair Debt Collection Practices Act, FDCPA, harassment
A Michigan debt collection agency faces potential liability after one of its employees allegedly accused a woman of being a liar in a phone call to collect a $1,600 medical bill.
Student loan law: a niche for a few good lawyers?
By:
Sylvia Hsieh
Published: March 7, 2013
Tags: consumer law, credit card debt, debt collection, Fair Debt Collection Practices Act, FDCPA, loan servicers, student loan litigation, student loans
With huge numbers of students facing crushing debt and national student loans surpassing credit card debt, some lawyers have found a new niche: representing clients hounded by student loan creditors, debt collectors and loan servicers.
‘Please call’ language deceptive under Fair Debt Act
Published: March 6, 2013
Tags: debt collection, Fair Debt Collection Practices Act
A collection letter was rendered deceptive under the Fair Debt Collection Practices Act by the inclusion of confusing language directing a consumer to “please call” if he had any questions about his debt, the 3rd U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Justices: Fair Debt Act defendant may recover costs
Published: February 26, 2013
Tags: attorney fees, debt collection, Fair Debt Collection Practices Act, U.S. Supreme Court
A prevailing defendant in a Fair Debt Collection Practices Act case could be awarded costs without a finding that the lawsuit was brought in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled 7-2.
FTC touts actions against abusive debt collectors
Published: February 25, 2013
Tags: Consumer Financial Protection Bureau, consumer protection, debt collection, Fair Debt Collection Practices Act, Federal Trade Commission
Over the past 12 months, the Federal Trade Commission has brought or resolved cases against four debt collectors that allegedly used deceptive or abusive tactics to intimidate consumers, according to a new report by the agency.
Mortgage foreclosure is ‘debt collection’ under FDCPA
Published: January 17, 2013
Tags: debt collection, Fair Debt Collection Practices Act, FDCPA, foreclosure, mortgage
A law firm that filed an action to foreclose on a mortgage engaged in “debt collection” subject to the requirements of the Fair Debt Collection Practices Act, the 6th Circuit has ruled in reversing a dismissal.
Property manager not covered by Fair Debt Act
Published: December 21, 2012
Tags: consumer protection, debt collection, Fair Debt Collections Practices Act
A property management company that collected unpaid assessments on behalf of a homeowners association was not subject to the requirements of the Fair Debt Collections Practices Act, the 11th Circuit has ruled in affirming judgment.
Benchmarks: Used car seller on the hook for $100K punitive award
Published: December 20, 2012
Tags: consumer protection, debt collection, punitive damages
An Oregon car dealership learned yesterday that it is stuck paying $100,000 in punitive damages to a car buyer who suffered only $500 in economic harm from the dealership’s unlawful collection practices.
Lawyers to face CFPB oversight for debt collection
Published: November 8, 2012
Tags: CFPB, Consumer Financial Protection Bureau, debt collection
Some lawyers engaging in debt collection will now be supervised by the Consumer Financial Protection Bureau pursuant to a new rule promulgated by the agency.
It will be the first time lawyers are subject to oversight by a federal agency.
Rented condominium fees qualify as ‘debt’ under FDCPA
Published: October 25, 2012
Tags: debt collection, Fair Debt Collection Practices Act, FDCPA
An assessment owed to a condominium association qualifies as a “debt” under the Fair Debt Collection Practices Act where the owner bought the property for his personal use and now leases it, the 6th Circuit has ruled.
