You Cannot Send The FDCPA Validation Notice Via Email Without Complying With E-Sign – Or Can You?

June 25, 2020

It is a commonplace among debt collectors that they must comply with E-Sign when sending Federal Fair Debt Collection Practices Act (FDCPA) validation notices. However, in Charlyn Greene v. Trueaccord Corp., 19CV06651 N.D. Calif. 5/19/2020, the court made a persuasive argument that it was unnecessary to do so. The Electronic Signatures in Global and National … More You Cannot Send The FDCPA Validation Notice Via Email Without Complying With E-Sign – Or Can You?

Post – Lockdown – What Happens When the Forbearances and Foreclosure Moratoriums End

June 10, 2020

The federal government, Federal National Mortgage Association, (FNMA or Fannie Mae) and, like many other states,  the state of Massachusetts, all passed laws and guidance directing lenders and others to issue payment forbearances and imposing moratoriums on mortgage foreclosures, The mandated forbearance periods and moratoriums have expiration dates. It is an open question as to … More Post – Lockdown – What Happens When the Forbearances and Foreclosure Moratoriums End

Constitutional Rights In Time of Emergency – Federal Court Strikes Down Portions of The Massachusetts Attorney General’s Emergency Debt Collection Regulations

May 14, 2020

After a May 1, 2020 hearing, on May 6, 2020, Massachusetts Federal District Court Judge Richard Stearns allowed ACA International’s motion and enjoined the enforcement of 940 CMR 35.03 and 940 CMR 35.04 of the Massachusetts Attorney General’s Emergency Debt Collection Regulations, passed on March 26, 2020. The two sections enjoined are those which prohibit … More Constitutional Rights In Time of Emergency – Federal Court Strikes Down Portions of The Massachusetts Attorney General’s Emergency Debt Collection Regulations

When Otherwise Lawful Acts Are Deemed Unlawful Due to Exigent Circumstances – Association of Debt Collectors Sues Massachusetts Attorney General To Overturn Emergency Debt Collection Regulations

April 29, 2020

The Massachusetts Attorney General’s Emergency Debt Collection Regulations, passed on March 26, 2020, have now been challenged in court by ACA International, a trade organization for debt collectors. The emergency regulations deemed many otherwise lawful collection activities unfair and deceptive acts under Massachusetts’ unfair and deceptive acts or practices statute, G.L. c. 93A. In the … More When Otherwise Lawful Acts Are Deemed Unlawful Due to Exigent Circumstances – Association of Debt Collectors Sues Massachusetts Attorney General To Overturn Emergency Debt Collection Regulations

Massachusetts Attorney General Clarifies(?) New Fair Debt Collection Regulations

April 23, 2020

Earlier I blogged about the new Massachusetts Attorney General’s Emergency Regulation, 940 CMR 35, regarding debt collection. This regulation was passed in reaction to the coronavirus crisis. The new regulation made it an unfair and deceptive act under Massachusetts G.L. c. 93A, to pursue most collection remedies such as filing lawsuits, seeking wage or property … More Massachusetts Attorney General Clarifies(?) New Fair Debt Collection Regulations