Last week, in Ricco v. Sentry Credit, Inc., the U.S. Court of Appeals for the Third Circuit ruled that the Fair Debt Collection Practices Act does not require a written dispute to avoid an assumption by the debt collector that the debt is valid. Declining the opportunity to be “the ‘legal last-man-standing’ among the
validation notice
Seventh Circuit FDCPA decision has implications for CFPB’s approach to validation notices in its proposed debt collection rules
By Christopher J. Willis on
In its proposed debt collection rules, the CFPB would allow a debt collector to satisfy the FDCPA requirement to provide the validation notice by sending the debtor an email or text message that includes a hyperlink to a secure website on which the notice is accessible, subject to a series of specific conditions set forth…
CFPB files amicus brief in Seventh Circuit FDCPA case
By John L. Culhane, Jr. on
The CFPB (referring to itself as the Bureau of Consumer Financial Protection) has filed what appears to be its first amicus brief since former Director Cordray’s departure.
The amicus brief was filed in Lavallee v. Med-1 Solutions, LLC, an appeal to the U.S. Court of Appeals for the Seventh Circuit in which the issue…
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…