Collections, Repossessions, Utilities

This article highlights two key new developments limiting arbitration of FDCPA and other claims against debt buyers and collectors: a AAA letter about Midland Funding and an important Eleventh Circuit ruling.

Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.

The Supreme Court in 2017 ruled debt buyers do not fall under the FDCPA’s second definition of a debt collector—one who regularly collects debts owed to another. As discussed here, the Third Circuit in Barbato has just found a debt buyer covered under the FDCPA’s principal purpose definition, concluding that FDCPA coverage does not require a debt buyer to engage in overt collections.

This article explains what every attorney needs to know about protecting clients from wage garnishment and seizure of public benefits, wages, and other funds in bank accounts. The article explains how to both evaluate and reduce a consumer’s exposure to these post-judgment remedies, considers the special case of federal student loans, and details important federal and state law protections in each of the 50 states.

This article sets out nine steps for reducing or eliminating hospital debt for lower-income patients. Federal law provides rights for debt owed to nonprofit hospitals and state law offers relief for debt owed to both for-profit and nonprofit hospitals. The article includes a number of practice pointers in guiding patients through the process.

During the national conversation around policing practices, the public has free access to two just-released NCLC resources on defending consumers against draconian enforcement of criminal justice debt, bail bond abuses, and price gouging by private companies offering services to those incarcerated. This article highlights their content with links to specific topics in Commercialized (In)justice Litigation Guide and, for a limited time, in Collection Actions Chapter 11.

Fair Debt Collection Practice Act litigation is one of the most active types of consumer litigation in the federal courts. This article summarizes four FDCPA circuit court decisions, from this May and June.

The IRS has begun hiring private collectors to collect on delinquent tax obligations, and this article explains why these collectors are subject to Fair Debt Collection Practices Act requirements and remedies.

This article examines the FDCPA implications of the Supreme Court’s May 15 decision in Midland Funding LLC v. Johnson that a collector filing a bankruptcy proof of claim on a time-barred debt is not an FDCPA violation.

The Supreme Court on June 12 in Henson held that debt buyers are not covered under the FDCPA’s second definition of debt collector because they do not collect debts owed to another. This article explains the ruling and details why the FDCPA still applies to debt buyers.