Collections, Repossessions, Utilities

A new NCLC Digital Library article examines the most significant 2024 FDCPA developments, including summaries of all reported circuit court of appeals decisions, the latest approaches to dealing with FDCPA standing problems, CFPB guidance on collection of medical debt, and important FDCPA claims related to new legislation that limits credit reporting of medical debt.

Even though federal law prohibits nursing homes from requiring a third party to guarantee payment of their loved one’s bill, nursing homes still frequently pursue payment from friends and family of debts that can exceed $100,000. A new NCLC Digital Library article explains a new federal guidance that nixes these nursing home evasions. The article provides practice advice for consumer advocates representing the resident’s family or friends.

The article explains two big mistakes taxpayers too often make when unable to repay their taxes, and describes three alternative options the IRS offers that can eliminate IRS harsh collections and even reduce the amount owed. Also described are the “innocent spouse” relief, the impact of the taxpayer’s bankruptcy, and limits on IRS seizure of a taxpayer’s wages and Social Security and other public benefits.

This article summarizes all 2023 Fair Debt Collection Practices Act (FDCPA) reported appellate court decisions, organized by topic. A highlight are eight appellate decisions examining standing in FDCPA cases. Some of the other topics include attorney fees, the bona fide error defense, the "debt collector" definition, and the FDCPA statute of limitations.

A new CFPB report highlights the astonishing amount of debt collection seeking medical debt not owed or owed in a lesser amount. This article describes reasons medical debt amounts are often inaccurate (including non-compliance with new federal and state legislation), details why such collection violates several FDCPA provisions, and explains how to overcome the medical debt collector’s legal defenses.

New TCPA rules, effective July 20, place strict limits on the frequency of prerecorded debt collection calls to landlines. This article explains why the new rules increase protections beyond those of FDCPA Regulation F and offer victimized consumers greater statutory damages than the FDCPA, while statutory damages under both statutes do not face Article III standing concerns for unwanted calls.

This article summarizes all 2022 FDCPA published circuit court of appeals decisions. Of special note are seven decisions on constitutional standing. Other topics include the unsophisticated consumer standard, attorney fees, the bona fide error defense, FDCPA intersection with TILA, FDCPA scope, third-party communications, FDCPA claims based on state law, and sanctions.

This article provides practical tips for advising clients with debt incurred by an abusive partner through coercion and fraud—developing a safety plan, documenting the coerced debt, protecting bank accounts, dealing with unauthorized credit card use, preventing an abuser from opening new accounts in the victimized partner’s name, addressing coerced debt on a credit report, and dealing with home mortgages.

A new CFPB advisory opinion not only clarifies when “pay-to-pay” fees are prohibited, but also whether a wide array of other debt collector charges violate the FDCPA. This article provides numerous examples of potentially illegal debt collector charges under the just-announced standards. A Truth in Lending Act provision provides even stronger remedies for fees added to automated payments for credit card debt.

This article provides ten pleading tips when bringing Fair Debt Collection Practices Act claims based on the new requirements found in CFPB Regulation F. The article then surveys recent federal court complaints alleging Regulation F violations as indicative of the violation patterns emerging in the six months since the Regulation’s effective date. The article links to the full text of complaints illustrating the types of violations being alleged.