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Fair Debt Collection: B.3.8 CFPB, Bulletin 2017-01: Phone Pay Fees

This guidance lists examples of conduct related to phone pay fees that may constitute unfair, deceptive, or abusive acts or practices (UDAAPs). It also reminds debt collectors that collecting phone pay fees violates section 1692f(1) of the FDCPA unless “such amount is expressly authorized by the agreement creating the debt or permitted by law.”20

Fair Debt Collection: B.4.1 Overview

In its list of guidance documents the CFPB includes guidance from the Federal Financial Institutions Examination Council (FFIEC). The FFIEC is:

Fair Debt Collection: C.1.2 June 23, 2009, FTC Advisory Opinion

A June 23, 2009, FTC advisory opinion on the FDCPA dealt with the § 1692c(c) requirement that debt collectors cease communicating with the consumer after the consumer’s written request,5 and this requirement’s potential conflict with the FTC’s Fair Credit Reporting Act (FCRA) regulations. The FCRA regulations required furnishers of information to consumer reporting agencies to report to the consumer the results of a consumer’s direct dispute (16 C.F.R.

Mortgage Servicing and Loan Modifications: E.3.8 How to Request Your FEMA File

The following information is provided with the permission of, and adapted from information developed by, the Legal Services of New Jersey. It contains information on creating an online account to view certain items from a consumer’s FEMA file for a disaster and a form to request by mail the full FEMA file.

Truth in Lending: New Appendix

This new appendix does not appear in the printed treatise.

Source

Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z)

Final Rule, Effective October 3, 2015

78 Fed. Reg. 79,730 (Dec. 31, 2013)

Fair Debt Collection: C.1.3 March 19, 2008, FTC Advisory Opinion

A March 19, 2008, FTC advisory opinion on the FDCPA concluded that there was no per se violation of the FDCPA if a debt collector included information regarding foreclosure settlement options along with a validation notice or in subsequent communications after that notice was delivered. Nevertheless, a specific communication about settlement options can be a violation if it overshadows or is inconsistent with the consumer protections in § 1692g(a).7

Fair Debt Collection: C.1.4 October 5, 2007, FTC Advisory Opinion

An October 5, 2007, FTC advisory opinion on the FDCPA determined that a debt collector who, pursuant to FDCPA § 1692g, ceased collection of a debt in response to a consumer’s dispute or request for verification of the debt, may send the consumer one additional communication stating that the debt collector is ceasing its debt collection activities with respect to that debt. See § 9.11.3, supra.

Fair Debt Collection: C.1.5 March 31, 2000, FTC Advisory Opinion

A March 31, 2000, FTC advisory opinion on the FDCPA dealt with two issues. In the first, the opinion concluded that, during the thirty-day period following the collector sending the consumer validation information, a collector can demand payment or take legal action until during that period the consumer disputes the debt in writing.

Fair Debt Collection: C.1.6 July 28, 2006, Denial of Request for FTC Advisory Opinion

A July 28, 2006, FTC statement denied a request for an advisory opinion on the FDCPA. The request sought an advisory opinion about how a collector should identify its corporate name in a voicemail where that name implies the collection of a debt, and whether the collector must indicate in the voicemail that it is attempting to collect a debt.

Fair Debt Collection: C.2 FTC Staff Commentary

The FTC staff issued a Fair Debt Collection Practices Act Commentary at 53 Fed. Reg. 50,097–50,110 (Dec. 13, 1988). The full text is found as one of this treatise’s Primary Sources. The Commentary was not voted on by the FTC Commissioners and, unlike advisory opinions, could not be relied on as a defense pursuant to §1692k(e).

Fair Debt Collection: C.3 FTC Informal Staff Letters

The FTC staff advised debt collectors, attorneys, creditors, and consumers of its policies and interpretations of the FDCPA through hundreds of informal staff letters. Staff started writing the letters in 1977, a large number were written in 1986 and 1987, and none have been issued since 2002. The letters are not approved by the FTC Commissioners and, unlike advisory opinions, cannot be relied on as a defense pursuant to §1692k(e).

Fair Debt Collection: F.1 The FDCPA Case Connector

The “FDCPA Case Connector” provides access to over 15,000 Fair Debt Collection Practices Act case summaries, including summaries of decisions from the U.S. Supreme Court, the federal circuit courts of appeal and their bankruptcy appellate panels, federal district courts, federal bankruptcy courts, and state appellate courts. The digital version of Appendix E includes the case summaries organized by FDCPA topic. The “FDCPA Case Connector,” linked from the top of this treatise’s left pane “Contents,” provides more options to search for exactly the citation you need.

Fair Debt Collection: F.2 Locating and Using Practice Tools, Pleadings, Primary Sources

A highlight of this treatise is that the digital version contains a large number of practice tools, pleadings, and primary sources. The pleadings include sample complaints, discovery, jury instructions, and other pleadings ready to adapt for litigation. In addition, there are a number of hard-to-find primary source materials available, including FDCPA legislative history, Regulation F regulatory history, and agency interpretations of the FDCPA. All material is searchable, downloadable, and printable. The text also links to the full text of many recent federal appellate decisions.

Fair Debt Collection: F.3 Practice Tools Found on This Treatise’s Digital Version

Practice tools include two interview forms, a telephone log form to help clients develop the facts of their debt collection claims, two sample retainer letters, litigation tips, privilege logs, discovery plans, a violations checklist, and sample letters regarding taxability of forgiven debt. These can be downloaded and easily adapted for use by a particular law office or client.

Fair Debt Collection: F.4 Sample Pleadings Found on This Treatise’s Digital Version

This treatise’s digital version includes over one hundred sample pleadings related to debt collection cases. All of them can be downloaded and adapted for a particular case and jurisdiction. Some pleadings must also be adapted for current procedural requirements. For example, some complaints were drafted prior to relevant Supreme Court decisions.

Sample pleadings include:

Fair Debt Collection: Introduction

These abbreviations or variations of them are commonly used by collectors when recording contacts with debtors. The recording of a contact is usually preceded by a date (for example, 7/22) and the collector’s initials. Thus an example entry would be “7/22 RJH Ph Ho NA Ph NB Lft Msg Urgent.” Numbers are often used to refer to particular form collection letters or telephone collection scripts.