Ballard Spahr partner Stefanie Jackman, who leads the firm’s Debt Collection Team, has been appointed to the new Legal Advisory Board (LAB) that the Consumer Relation Consortium (CRC) is launching in 2020. The LAB is an exclusive group of not more than ten outside counsel with expertise in the accounts receivable industry who have each
debt collector
DOJ files amicus brief with SCOTUS in FDCPA statute of limitations case
By John L. Culhane, Jr. on
Posted in Debt Collection, Regulatory and Enforcement
The DOJ has filed an amicus brief in support of the defendant debt collector in Rotkiske v. Klemm, the case before the U.S. Supreme Court that hopefully will resolve a circuit court split over whether the FDCPA one-year statute of limitations (SOL) runs from the date of the alleged violation or starts upon a…
CFPB issues report on tradeline reporting by third-party debt collectors
By John L. Culhane, Jr. on
Posted in Credit Reports, Regulatory and Enforcement
The CFPB has issued a new report on tradelines reported by third-party debt collectors as reflected on credit reports compiled by nationwide consumer reporting agencies. The third-party collector tradelines consist of those reported by debt buyers and those reported by non-buyers (i.e. where the debt is still owned by the original creditor). A single debt…
Have the rules for third-party debt collectors changed in Massachusetts?
By John L. Culhane, Jr. on
It has been reported that, without announcement or warning, the regulations applicable to third-party debt collectors in Massachusetts may have changed. While the state’s Division of Banks (DOB) and the state’s Attorney General (AG) have traditionally regulated, respectively, third-party debt collectors and first-party creditors, the AG is reported to have changed its website recently to…
California Enacts Additional Limits on Collecting Time Barred Debts
By Heather S. Klein on
Posted in Debt Collection, Regulatory and Enforcement
Beginning in 2019, all California “debt collectors”—including creditors collecting their own debts regularly and in the ordinary course of business—will be required to provide notice to debtors when collecting on debts that are past the statute of limitations and will be prohibited from suing on such debts. The new law is based on provisions in…
Five state regulators enter into settlement agreement with debt collectors for alleged federal and state law violations
By John L. Culhane, Jr. on
Regulators from the states of Connecticut, Idaho, Massachusetts, Minnesota and North Dakota (“Participating States”) have entered into a settlement agreement with three affiliated debt collection companies to settle allegations that the companies engaged in collection activities that violated the Fair Debt Collection Practices Act, the FTC Act, and state laws and regulations. The settlement requires…
Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules
By John L. Culhane, Jr. on
Posted in Debt Collection, Regulatory and Enforcement
The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt” not only applies to the first debt collector that…
Solicitor General to participate in SCOTUS oral argument in FDCPA case
By Barbara S. Mishkin on
Posted in Debt Collection, Regulatory and Enforcement
On March 29, 2016, the U.S. Supreme Court will hear oral argument in a Fair Debt Collection Practices Act case in which the CFPB joined the Solicitor General in filing an amicus brief in support of the plaintiffs. The court granted the SG’s motion to participate in the oral argument.
The plaintiffs in Sheriff v.
CFPB enters into consent order with operator of consumer lead resale business
By James Kim on
The CFPB announced last week that it has entered into a consent order with an individual who had operated a defunct business that resold consumer leads to settle charges that the business sold leads to debt collectors who used the information to deceive and threaten consumers into paying debts they did not owe. The debt…
FTC provides advice to consumers on communicating with debt collectors
By Barbara S. Mishkin on
In a recent blog post, Dan Dwyer, a Staff Attorney with the FTC’s Division of Financial Practices, provided advice to assist consumers in communicating with a debt collector when the consumer does not recognize the debt. The post includes a link to a sample letter that consumers can use to dispute information on a…