Collections, Repossessions, Utilities

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...

New rules interpreting the Fair Debt Collection Practices Act that go into effect November 30, 2021, are a good reason to review existing law as to suits and collection contacts concerning time-barred debt. This article discusses those aspects of the new rules related to time-barred debt and also provides an overview of existing law in the area.

This article reviews a very active 2020 concerning the Fair Debt Collection Practices Act (FDCPA). The article focuses on two sets of final Consumer Financial Protection Bureau rules on the FDCPA, one published in November and the other announced in December, and then summarizes all of the relevant 2020 circuit court of appeals FDCPA cases.

Since the Supreme Court’s Spokeo decision, expect an Article III standing challenge in almost every FDCPA case. This article provides ten tips to overcoming Spokeo challenges and links to an up-to-the minute digital analysis, including almost 100 new court decisions since the March 2018 release of the print edition of NCLC’s Fair Debt Collection.

In Sheriff v. Gillie, 578 U.S. __ (2016), a unanimous Supreme Court on May 16 held in a narrowly-crafted decision that attorneys hired as special counsel by the Ohio Attorney General’s Office for the collection of debts owed to state institutions do not violate the Fair Debt Collection Practices Act (FDCPA) when they use the Ohio Attorney General’s letterhead together with a disclosure that they...

The Supreme Court this December clarified when the Fair Debt Collection Practices Act’s one-year statute of limitations begins to run. This article explains the practical import of the Court’s decision and considers other issues concerning the FDCPA’s limitations period, as well as alternative approaches where the period has run.

This article explains the limits on what a debt collector can do, sets out 8 ways to stop debt harassment—including 4 sample letters, lists illegal collection practices, and explains how to hire an attorney to sue the collector for damages.

Too often those who are least able to afford it are taken advantage of at tax time. Now that 2017 tax returns can be filed, this article provides six important areas of advice for clients.

Two Supreme Court oral arguments in FDCPA cases, five Circuit Court rulings on the FDCPA and foreclosures, and another on collection of time barred debt are some of the recent FDCPA highlights described in this article.

A July 27, 2018 Arizona Supreme Court decision is the latest ruling to offer consumers new ways to argue for a shorter limitations period when defending a credit card collection action. This article examines which statute in a state applies, which state’s limitations period applies, when the period begins, and when it is tolled or revived.