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

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

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’

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’

Consumer Protection and Financial Inclusion – Brian Johnson of the CFPB

On June 12, 2019 Brian Johnson, Deputy Director of the CFPB gave a speech with the title above. It is short and worth a read.  It’s an interesting attempt to say that giving consumers choice and reducing certain kinds of government regulation that limits choices is the best form of consumer protection. Johnson states clearly … More Consumer Protection and Financial Inclusion – Brian Johnson of the CFPB

Today Is the Day – For the FCC’s Robocall Vote

On May 15, 2019 FCC Chairman Ajit Pai announced a declaratory ruling allowing consumers call blocking by default. “Instead of being offered call blocking on an opt-in basis, carriers could provide block calls unless you affirmatively opt-out. This could mean a major reduction in robocalls, as call blocking would become the rule, not the exception.” … More Today Is the Day – For the FCC’s Robocall Vote