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

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

CFPB Annual Report on the FDCPA – Complaints? What Complaints?

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?

Debt Buyer’s Strict(?) Vicarious Liability For Debt Collectors (including Attorneys) Acts

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

Opposite Court Decisions in Different Jurisdictions – Debt Buyers Need to Know The Laws Where they Do Business

The Massachusetts case of Dorrian v. LVNV Funding LLC 479 Mass. 265 (2018) and the Third Circuit Court of Appeals Case of  Barbato v. Greystone Alliance ____ F3d _____ 2019 WL 847920 (February 22, 2019) came to opposite conclusions as to whether debt buyers are debt collectors, albeit applying state vs. federal law. Nevertheless, the … More Opposite Court Decisions in Different Jurisdictions – Debt Buyers Need to Know The Laws Where they Do Business