Skip to main content

Collections, Repossessions, Utilities

The FDCPA Year in Review: 2021

This article reviews a very active 2021 concerning the Fair Debt Collection Practices Act (FDCPA): significant new FDCPA regulations took effect, a Supreme Court decision significantly impacts standing in FDCPA cases, and 21 appellate court panels issued important FDCPA published decisions.

Defending Nursing Home Collection Lawsuits

Nursing homes too often sue without justification not only residents, but family members or caregivers for amounts that can exceed $100,000. This article introduces defenses that residents and especially third parties can raise to these collection lawsuits. Affirmative claims that can be brought against the collection attorney and nursing home are examined, and additional resources are provided.

Comprehensive New FDCPA Regulation F Takes Effect November 30

This article introduces the new Fair Debt Collection Practices Act Reg. F, that went into effect November 30. The article provides links to totally rewritten NCLC chapters explaining the new rules in-depth. It also provides a handy list of new Reg. F provisions on debt collector use of emails and texts to collect debts and make required disclosures.

Starting July 15: Protecting the Monthly Child Tax Credit Payments from Creditors

Starting July 15, families will receive each month an advance child tax credit up to $300 per child per month. This article examines existing consumer protections to safeguard payments from judgment creditors’ bank account garnishment and from the United States’ intercept to repay defaulted federal student loans. The article also considers tactics to protect paper check payments from garnishment.

Effective May 3 New Federal Debt Collection Rule on Eviction Practices

This article explains a new CFPB Interim Final Rule, effective May 3, 2021, that increases information for tenants about COVID-related protection from eviction. The article also details tenants’ federal remedies against eviction attorneys and other debt collectors involved in the eviction that fail to provide or misrepresent that information.

What Every FDCPA Practitioner Needs to Know About Spokeo

This article sets out seven essential steps for FDCPA consumer litigants to deal with Spokeo standing challenges, surveys all six circuit court FDCPA decisions on Spokeo challenges, and organizes by FDCPA violation with links to analysis of over 100 federal district court decisions.

Viable FDCPA Claims Arising from Foreclosures After March 20 Supreme Court Decision

Overview On March 20, 2019, the Supreme Court’s unanimous decision in Obduskey v. McCarthy & Holthus L.L.P. examined liability for violations of the Fair Debt Collection Practices Act (FDCPA) that are committed in non-judicial foreclosures. This article considers which FDCPA claims arising from foreclosures are viable post- Obduskey. Obduskey holds that entities whose principal purpose is...

Unpaid Taxes Owed to the IRS: Consumer Debt Advice from NCLC

This article sets out consumer rights and tactics when past-due taxes are owed to the IRS, including how to reduce or pay your tax debt over time and a spouse’s legal obligation. Also covered are why you should file your tax return even if you cannot pay your taxes, steps the IRS takes to enforce a tax debt, and the impact of a bankruptcy filing.

Third Circuit: Collector Has Burden to Prove Exemption from FDCPA Liability

In Evankavitch v. Green Tree Servicing, L.L.C., 793 F.3d 355 (3d Cir. 2015), the Third Circuit holds that the mortgage servicer had the burden of persuasion with the jury that the servicer’s call to a third party was permitted by the § 1692b(3) exception. That exception allows follow-up calls to a third party for location information if “...the debt collector reasonably believes that the earlier...