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11th Cir. Amicus Brief in Hunstein v. Preferred Collections and Management Services, Inc.
No. 19-14434 In the United States Court of Appeals for the Eleventh Circuit RICHARD HUNSTEIN Plaintiff-Appellant v. PREFERRED COLLECTION AND MANAGEMENT. SERVICES, INC. Defendant Appellee On Appeal from the United States District Court for the Middle District of...
Finding Shelter in the Storm: Using the Bona Fide Error Defense with the Final Debt Collection Rule
Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA.
The Supreme Court Weighs in on the Telephone Consumer Protection Act
Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA.
Will Hunstein Require a Reset?
Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA.
The CFPB Publishes the Remainder of its Final Debt Collection Rule – Here’s What You Need to Know
On October 30, 2020, the CFPB published its long awaited Final Debt Collection Rule (the “Rule”)
Adjusting Policies and Procedures for the Dead Consumer
On October 30, 2020, the CFPB published its long awaited Final Debt Collection Rule (the “Rule”)
Sixth Circuit Widens Split on Benign Language Exception
On October 30, 2020, the CFPB published its long awaited Final Debt Collection Rule (the “Rule”)
The Final Debt Collection Rule is Here and Focuses on Communication Methods – Here’s What You Need to Know
On October 30, 2020, the CFPB published its long awaited Final Debt Collection Rule (the “Rule”)
NCCBA’s Comments to the CFPB’s Notice of Proposed Rulemaking on Debt Collection
The North Carolina Creditors Bar (the "Bar") is a voluntary bar association comprised of creditor's rights attorneys licensed and practicing in North Carolina. The Bar has 96 members from 40 law firms. The law firms represented range in size from sole proprietorships...
Head of the CFPB Believes Regulator Is Unconstitutionally Structured
The head of the Consumer Financial Protection Bureau now believes that the financial regulator she leads is unconstitutionally structured, CNBC.com reported. CFPB Director Kathleen Kraninger notified senior lawmakers yesterday that the bureau had determined that the...
Creditors See NC Appeals Court Ruling as Possible Game-Changer
As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often, after exhausting the usual methods of...
NCBA Member Prevails in Meaningful Attorney Involvement Case
FOR IMMEDIATE RELEASEJuly 26, 2018 National Creditors Bar Association is the only national bar association that is dedicated to serving attorneys engaged in the practice of creditors rights law. NCBA fosters and advances professional practices and ethical conduct....
Tougher Payday Loan Rules to Remain in Place, for Now
Tougher rules governing the payday lending industry, finalized during the last weeks of an Obama-era appointee who led the Consumer Financial Protection Bureau, will remain in place for now after Congress allowed a deadline to overrule them pass without action, the...
D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry
The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition of an automated telephone dialing system...
Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim
The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable injury.” In Hagy v. Demers & Adams, 2018...
CFPB to Work With FTC on Policing Debt Collectors
The Consumer Financial Protection Bureau will team up with the Federal Trade Commission to police debt collectors as it shifts to a gentler form of enforcement under the Trump administration, the Wall Street Journalreported. CFPB Acting Director Mick Mulvaney...
Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive
Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. A New Jersey district court recently held that a debt collection letter was not false or deceptive...
Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity
The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. In doing so, the Tenth Circuit has joined a split in the circuits on the issue. With the Tenth Circuit’s decision the circuits remain split with the Ninth Circuit and...
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