An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

In a blog post last year, I talked about Beth Lavallee v. Med-1 where a debt collector’s attempt to send an FDCPA validation notice by email was struck down by the court. Among other things, the court ruled that using email to send a validation notice did not constitute ‘sending’ it within the meaning of … More An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

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

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’

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

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?