Debt Collection Law Firm May Be Liable For Pursuing the Wrong Debtor and Has No Right to the Bona Fide Error Defense

September 30, 2020

The ultimate legal holding of this case, Wagner v. Chiari & Ilecki, LLP, 2020 U.S. App LEXIS 28234 (2nd Cir.) September 4, 2020, that a debt collection law firm’s attempts to collect from the wrong person violated the FDCPA and the firm was not entitled to a bona fide error defense. Rather than discuss the court’s ruling, … More Debt Collection Law Firm May Be Liable For Pursuing the Wrong Debtor and Has No Right to the Bona Fide Error Defense

Debt Collector’s Payment Portals are ‘Communications’ Under the FDCPA – Is The Same True for First Party Debt Collectors Under Massachusetts Regulations?

September 18, 2020

Recent cases hold that debt collector’s online payment portals are vehicles for ‘communications’ within the meaning of the FDCPA. The FDCPA 15 USC 1692a(2) defines a ‘communication’ as “…conveying of information regarding a debt directly or indirectly to any person through any medium.” The cases hold that debt collector’s online payment portals must contain the … More Debt Collector’s Payment Portals are ‘Communications’ Under the FDCPA – Is The Same True for First Party Debt Collectors Under Massachusetts Regulations?

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

September 8, 2020

On August 27, 2020, the FHFA announced that the moratorium on foreclosures and evictions for certain federally backed loans has been extended from August 31, 2020 to December 31, 2020. This includes FHA, VA, USDA, FNMA and FHMLC mortgage loans and properties. Vacant and abandoned properties continue to be excluded from the moratoriums. The Coronavirus … More Post – Lockdown – What Happens When the Forbearances and Foreclosure Moratoriums End Part Deux

Massachusetts Regulation Requiring Written Notice In Order To Stop Workplace Phone Calls Does Not Violate the FDCPA

August 11, 2020

In the case of Rocha v. Zwicker & Associates, P.C., 2020 U.S. Dist. LEXIS 129888 Civil No. 19-12086 (D.Mass. July 23, 2020), the debtor, Ms. Rocha, claimed that the debt collector, Zwicker & Associates, violated the FDCPA by sending her a letter which included a statement, required by Massachusetts’ own fair debt collection regulations, advising … More Massachusetts Regulation Requiring Written Notice In Order To Stop Workplace Phone Calls Does Not Violate the FDCPA

Massachusetts Automobile Deficiency Calculation – Sale Price Minus Fair Market Value Is Retroactive

July 31, 2020

Massachusetts has two sets of laws that govern calculation of an automobile deficiency after repossession and sale that are inconsistent. Under G.L. c. 255B s. 20B, “…the creditor shall be entitled to recover from the debtor the deficiency, if any, resulting from deducting the fair market value of the collateral from the unpaid balance due…” … More Massachusetts Automobile Deficiency Calculation – Sale Price Minus Fair Market Value Is Retroactive