An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

September 12, 2019

In a blog post last year, I talked about Beth Lavallee v. Med-1 where a debt collector’s attempt to send an FDCPA validation notice by email was struck down by the court. Among other things, the court ruled that using email to send a validation notice did not constitute ‘sending’ it within the meaning of … More An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

Massachusetts Court Decision Revisits Valuation of Property In Foreclosures

August 30, 2019

I read with interest the recent Massachusetts case of Property Acquisition Group, LLC v. Kenneth Ivester et al. 95 Mass. App. 170 (2019) where the Massachusetts Appeals Court found that a foreclosing mortgagee’s failure to evaluate the development potential of residential property may have entitled the former mortgagor/homeowners to damages. It seemed to me the … More Massachusetts Court Decision Revisits Valuation of Property In Foreclosures

Who Is the Creditor? Who Is the Debt Collector? Labels vs. Inferences

July 30, 2019

Maribel Ocampo v. Client Services, Inc. (1:18-cv-04326-BMC,EDNY, 7/3/2019) is a recent case with some interesting perspectives on identifying creditors in FDCPA validation letters and object lessons for debt collectors in writing them. Let’s get right to it by looking at the disputed terms of the letter, reproduced in the debt collector’s filings: RE:                                                 Synchrony Bank … More Who Is the Creditor? Who Is the Debt Collector? Labels vs. Inferences

Wire Fraud Scenario

July 11, 2019

I get warnings on wire fraud all the time, usually from title insurance companies for whom I write title insurance.  Their legitimate concern is that if I fall victim to a wire fraud scheme, they may have to cover the loss. The warnings are useful generally but also because they sometimes contain the latest scam … More Wire Fraud Scenario

Comparing The CFPB’s Proposed Call Restrictions With Massachusetts’

July 2, 2019

In its May 7, 2019 Notice Of Proposed Rulemaking (NPRM) proposing debt collection regulations, the CFPB has proposed restrictions on the number of contacts a debt collector may make with a consumer during a given time period. This is a contentious issue between debt collectors and consumer groups. Debt collectors claim they have to make … More Comparing The CFPB’s Proposed Call Restrictions With Massachusetts’