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Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where...more

It’s All in a Name: Debt Collector Wins Summary Judgment Based on Name Provided By Its Client

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget...more

Massachusetts District Court Denies Credit Repair Company’s Motion to Dismiss in Case Brought by the CFPB

A federal district court judge in Massachusetts denied a credit repair company’s motion to dismiss a case brought by the Consumer Financial Protection Bureau (CFPB) and the state of Massachusetts alleging that the company...more

Recent Amendments to West Virginia Consumer Credit Protection Act Signal a Move to Level the Playing Field

On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The amendments will apply to all causes of action filed on or after June 16, 2021, the...more

In Certifying FDCPA Letter Class, Northern District of California Finds That Whether the Underlying Debt Was Incurred for Personal...

A district court judge in California has certified a FDCPA letter class involving billing and collection letters sent by a collection company used by Hertz car rental agency. The plaintiff in DeNicolo v. Hertz Corp. alleges...more

Tradeline Status Not Threatening Imminent Legal Action Is Not a FDCPA Violation

In Guzman v. I.C. Sys., 2021 U.S. Dist. LEXIS 42595, 2021 WL 861914 (E.D.N.Y. Mar 8, 2021), Carolina Guzman (plaintiff) alleged that I.C. System, Inc. (defendant) violated the FDCPA by reporting to Experian that her debt to...more

CFPB Weighs in On the Side of the Debt Collector in FDCPA Dispute Over $0.00 in Interest and Fees

Recently, the Consumer Financial Protection Bureau filed an Amicus Curiae brief in the United States Court of Appeals for the Third Circuit addressing whether a debt collector violates the Fair Debt Collection Practices Act...more

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