Review of the Proposed FDCPA Validation Notice Regulations

On May 7, 2019 the Consumer Financial Protection Bureau (CFPB) released its Notice Of Proposed Rulemaking (NPRM) proposing debt collection regulations. I previously blogged about the need for such regulations. Today I want to take a look at the NPRM proposed rules for the validation notice. The Federal Fair Debt Collection Practices Act (FDCPA) 15 … More Review of the Proposed FDCPA Validation Notice Regulations

Credit Repair And Mass Credit Disputes

On May 2, 2019 the CFPB announced a suit against several ‘credit repair’ organizations, including Lexington Law Group. Some credit repair organizations violate the law by charging excessive fees and for failing to deliver promised results, namely, resolving consumer’s credit issues. The CFPB suit alleges “…Federal law forbids requesting or receiving payment upfront for certain … More Credit Repair And Mass Credit Disputes

Massachusetts Mechanic’s Liens – When In Doubt, Record It

The Massachusetts SJC has decided a technical question relating to perfecting mechanic’s liens that clarifies how a claimant obtains a mechanic’s lien where a certain type of lien bond was recorded. In City Electric Supply Company v. Arch Insurance Company, the SJC decided a mechanic’s lien claimant need not record a copy of its complaint … More Massachusetts Mechanic’s Liens – When In Doubt, Record It

Thrills! Chills! New Debt Collection Regulations!

I recevied an email from the CFPB subscription email news service indicating the CFPB has isssued a Notice of Notice of Proposed Rulemaking (NPRM) to implement the Fair Debt Collection Practices Act (FDCPA). As I and many others have blogged over the years, the FDCPA rules are long-awaited and much anticipated. Although perhaps not as … More Thrills! Chills! New Debt Collection Regulations!

The ‘Amount Owed’ in Validation Letters – Cases Which Provide Useful Guidance

Starting with the Avila v. Riexinger & Associates, 817 F.3d 72 (2nd Cir. 2016) case, the 2nd Circuit has set out useful parameters for the disclosure of accruing interest  in federal Fair Debt Collection Practices Act (FDCPA) initial validation letters. Its most recent case, Kolbasyuk v. Capital Management Services, LP, 918 F.3d 236 (2nd Cir. … More The ‘Amount Owed’ in Validation Letters – Cases Which Provide Useful Guidance