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.

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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.

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A debt collector’s inaccurate representation that a debtor’s student loans were ineligible for bankruptcy discharge violates the Fair Debt Collection Practices Act, the 2nd Circuit has ruled in reversing a dismissal.

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Debt collectors could not moot consumer lawsuits against them merely by offering the full amount of statutory damages the plaintiffs were entitled to under federal law, the 11th Circuit has ruled in reversing dismissal.

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A creditor’s attorney did not violate federal debt collection law by allegedly including minor inaccuracies in a responsive pleading to a debtor’s counterclaim, a U.S. District Court in Virginia has ruled in granting a dismissal.

Tagged with: debt collection Fair Debt Collection Practices Act FDCPA

Collection letters suggesting that the debtor would be liable for attorney fees were misleading under federal law, the 7th Circuit has ruled in reversing a summary judgment.

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A law firm violated federal debt collection law by sending a collection notice addressed to the debtor in “care of” her employer, the 9th Circuit has ruled in reversing judgment.

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A debt collection letter did not violate federal law by including language that purportedly contradicted and overshadowed statutorily required notices, the 5th Circuit has ruled in affirming judgment.

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A law firm may be liable under federal debt collection law for filing a foreclosure complaint that failed to correctly identify the actual current holder of the mortgage, the 6th Circuit has ruled in reversing a dismissal.

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A validation notice sent by a law firm to a debtor did not violate the Fair Debt Collection Practices Act, the 9th Circuit has ruled in affirming judgment.

Tagged with: consumer protection debt collection Fair Debt Collection Practices Act