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

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