On June 8, 2023, the CFPB filed an administrative consent order against a medical debt collection company headquartered in Indianapolis, Indiana. In the order, the CFPB detailed several alleged violations of the Fair Credit...more
HIGHLIGHTS: CFPB and the New York Attorney General ("NY AG") announced a proposed settlement of a lawsuit—originally filed in September 2020—against six interrelated companies and five individual defendants. The various...more
Whether you represent FDCPA plaintiffs or defendants, recent decisions provide new insight on how standing issues may affect your case.
The doctrine of standing—determining who is a proper plaintiff to bring a particular...more
In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years: effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more
10/24/2019
/ Appeals ,
Cause of Action Accrual ,
Common Law Test ,
Congressional Intent ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery ,
Discovery Rule ,
Dismissals ,
Equitable Relief ,
Equitable Tolling ,
FDCPA ,
Fraud ,
Fraud Exception ,
Limitation Periods ,
Oral Argument ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Split of Authority ,
Statute of Limitations
It's been four weeks since the comment period closed on the CFPB's proposed debt collection rule - just enough time to look back with some perspective on the comments submitted and assess how the CFPB may move forward.
The...more
10/18/2019
/ Comment Period ,
Consumer Advisory Board ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Political Parties ,
Proposed Rules ,
Regulation F ,
Rulemaking Process ,
SBA ,
State Attorneys General ,
UDAAP