Collections, Repossessions, Utilities

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.

This article summarizes six new reported FDCPA appellate decisions handed down mid-November, 2015 though early January, 2016. In addition, FDCPA practitioners should be aware of the following: The Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), clarifying certain TCPA issues as discussed in this article and making it much more difficult for...

Financial distress exacerbated by the current epidemic will soon result in millions of judgments against consumers in collection lawsuits. This article details federal and particularly state law exemptions and other protections and strategies that limit these judgment creditors from garnishing consumer wages and freezing and seizing consumer bank accounts. Additional key resources are also listed.

The CARES Act authorizes payments up to $1200 to individuals and $2400 for couples, with an additional $500 for children under 17 years old. The payments phase out for those whose income is between $75,000 and $99,000 ($150,000/$198,000 for a married couple filing jointly). An eligible family of four with children under 17 will receive $3400. Social Security recipients who do not file tax returns...

Creditors with court judgments against consumers may seek to garnish stimulus payments from consumers’ bank accounts. This article explains the threat, lists tips to determine accounts at risk, explains how Americans will receive stimulus payments, and provides advice on preventing garnishment, depending on whether payment is by direct deposit or by paper check.

The Supreme Court has just imposed the Eighth Amendment’s Excessive Fines Clause on the states, recognizing that the clause is a shield against government’s using high fines for revenue-generating purposes. This article explains that the opinion will surely be used to challenge the rising fines imposed by state and local governments and their impact on low-income defendants.

This article summarizes a number of recent amendments to state debt collection legislation. This legislation should always be considered in addition to the requirements of the FDCPA.

The online version of NCLC’s Collection Actions treatise has added an all-new chapter 10a on representing consumers with criminal justice debt—too often overlooked, but a major problem for millions of Americans. This article describes the chapter’s highlights.

New IRS regulations, attorney general settlements, and CFPB actions offer key new protections relating to delinquent medical debt. These are all covered in the updated online version of Chapter 9 of NCLC’s Collection Actions (3d ed. 2014). Click on highlight updates at the top of a page to see the new changes added since the print edition. Highlights include: Section 9.3.1: in-depth discussion of...