Collections, Repossessions, Utilities

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.

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...