It’s happened to all of us. Someone you are working with sends you a hostile, threatening email. For lawyers, it might be from the other side. If not, perhaps from someone your company buys from or sells to. The sender cites all sorts of authority for his position. He bullet-points your failings. He instructs what … More That Hostile Email You Just Got
There must be some standard turn of phrase to describe the person who is in the unenviable position of being the last to learn of something everyone else has known about for quite some time. If there isn’t, the position of an unpaid construction supplier would fit the bill, especially a supplier who is trying … More Suppliers Are Always The Last To Know
In March the Consumer Financial Protection Bureau (CFPB) released its annual report on the federal Fair Debt Collection Practices Act (FDCPA) The CFPB is required by the FDCPA to render a report annually on the administration of the FDCPA. The complaints section of the report is always illuminative for consumer advocates, creditors, and debt collectors … More CFPB Annual Report on the FDCPA – Complaints? What Complaints?
Comparing creditor’s views with consumer advocates’ views on recent cases is informative. One almost always comes up with perspectives the other misses. In the case of Obduskey v. McCarthy & Holthus LLP, the Supreme Court held that in certain non-judicial real property foreclosures, debt collectors are not subject to the Federal Fair Debt Collection Practices … More Differing Views On The Application of the FDCPA to Non-Judicial Foreclosure
In an earlier post, I touched briefly on court decisions holding debt buyers who do not collect debts being held vicariously liable for their debt collectors violations of the Fair Debt Collection Practices Act (FDCPA) The recent 3rd Circuit case of Barbato v. Greystone Alliance ____ F3d _____ 2019 WL 847920 (February 22, 2019) (3rd … More Debt Buyer’s Strict(?) Vicarious Liability For Debt Collectors (including Attorneys) Acts