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Debt Collection › Appeals › Debt Buyers

Hudson Cook, LLP

Is Purchasing Debt Without a License an Unlawful Collection Activity?

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Folks in the consumer credit industry know that it can be easy to run afoul of collection restrictions. From the number of times you are allowed to contact a delinquent buyer to what you are allowed to say when you do make...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit orders en banc rehearing in Hunstein

Sheppard Mullin Richter & Hampton LLP on

On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more

Ballard Spahr LLP

Seventh Circuit holds identification of original and current creditor in debt collection letter did not violate FDCPA

Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s judgment on the pleadings in favor of the defendants (a debt buyer and a collection agency) in a putative class action that alleged the...more

Tucker Arensberg, P.C.

Third Circuit Interprets “Debt Collector” to Include Debt Buyer

Tucker Arensberg, P.C. on

Earlier this year, on February 22, 2019, a three-judge panel upheld a lower court ruling that debt-buying businesses could be liable for violations under the Fair Debt Collections Practices Act (the “FDCPA”).  The FDCPA’s...more

Ballard Spahr LLP

Plaintiff Can Sue as "Consumer" Under FDCPA Despite Claiming Debt Not His, Court Rules

Ballard Spahr LLP on

In Loja v. Main Street Acquisition Corporation, the plaintiff filed a lawsuit in federal district court for alleged FDCPA violations against Main Street Acquisition Corporation and the law firm it retained to file a state...more

Ballard Spahr LLP

Third Circuit Holds Debt Buyer Plainly Qualified As A "Debt Collector" Under FDCPA

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit held in Tepper v. Amos Fin., LLC, that debt buyers (i.e., entities collecting, on their own behalf, consumer debts they acquired when the debts were in default), can qualify as...more

Bradley Arant Boult Cummings LLP

Debt Buyers Should Exhaust All Avenues When Investigating Credit Report Disputes

Bradley Arant Boult Cummings LLP on

Last week, the 11th Circuit issued an opinion reversing and remanding a prior decision from the United States District Court for the Southern District of Georgia related to the proper verification of debts when a consumer...more

Ballard Spahr LLP

Maryland Appeals Court Declines to Adopt “Meaningful Attorney Involvement” Standard

Ballard Spahr LLP on

The Maryland Court of Special Appeals recently declined to adopt the “meaningful attorney involvement” standard for Fair Debt Collection Practices Act (FDCPA) claims based on alleged insufficient attorney involvement in debt...more

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