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Financial Institutions › Debt Collection › Notice Requirements

Orrick, Herrington & Sutcliffe LLP

Wisconsin State Court of Appeals rules against bank and upholds state notice requirements in credit card debt case

Orrick, Herrington & Sutcliffe LLP on

Recently, the State Court of Appeals of Wisconsin decided an appeal concerning defaulted credit card accounts. The defendant-appellant, an individual who defaulted on two separate credit card accounts, contested the judgments...more

Ballard Spahr LLP

Ninth Circuit affirms district court’s denial of preliminary injunction to block enforcement of Nevada medical debt collection law

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The U.S. Court of Appeals for the Ninth Circuit, in a 2-1 decision, recently affirmed the district court’s decision denying the plaintiffs’ motion for a temporary restraining order and preliminary injunction to block...more

Bricker Graydon LLP

Ohio's new requirements for junior lienholders and mortgage servicers

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It has been a little over six months since Ohio Revised Code § 1349.72 went into effect—a law that requires holders of junior liens on residential real property to first send a written notice containing specific information...more

Smith Debnam Narron Drake Saintsing & Myers,...

Statement that Debt Collector Would Call Overshadows 1692g Notice

Smith Debnam Narron Drake Saintsing & Myers,... on

A recent case from a Wisconsin district court serves as a reminder that the best approach to a 1692g notice is that it stands alone. In Maniaci v. The Receivable Management Services Corp., 2018 U.S. Dist. LEXIS 109087 (E.D....more

Ballard Spahr LLP

Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules

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The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication...more

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