News & Analysis as of

Debt Collection Judicial Authority

Orrick, Herrington & Sutcliffe LLP

District court tosses CFPB’s medical debt rule

On July 11, the U.S. District Court for the Northern District of Texas vacated the CFPB’s medical debt rule on the grounds that it exceeded the Bureau’s statutory authority and violated both the FCRA and the APA, granting the...more

Offit Kurman

Beyond the Verdict: The Essential Drive of Post-Judgment Discovery

Offit Kurman on

You’ve navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order. However,...more

Holland & Knight LLP

Federal Judge's Decision May Bind CFPB to Previously Withdrawn Guidance Documents

Holland & Knight LLP on

U.S. District Court Judge Barbara J. Rothstein granted, in part, the CFPB's motion to withdraw its amicus brief filed by the Biden-era CFPB regarding the "proper interpretation of the Fair Debt Collection Practices Act's...more

Freeman Law

Tax Court Has De Novo Review Over Tax-Related Passport Denial/Revocation Cases

Freeman Law on

In a recent case of first impression, the U.S. Tax Court has held that it does not have to rely solely upon the administrative record in determining whether the IRS erroneously certified a taxpayer as having a seriously...more

McGlinchey Stafford

Federal Court Finds Public Service Providers Do Not Qualify as Debt Collectors Under FDCPA

McGlinchey Stafford on

A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more

Shipkevich PLLC

New Jersey Court Reaffirms Judiciary’s Exclusive Authority Over Legal Practice, Voids Ambiguous Debt Adjustment Exception

Shipkevich PLLC on

In a recent decision, a New Jersey court reaffirmed the Judiciary Branch’s exclusive constitutional authority to regulate the practice of law within the state. The case involved a challenge to the “limited attorney exemption”...more

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