A consumer received a collection letter for a debt that was included in his bankruptcy. The consumer sued the debt collector for violating the Fair Debt Collection Practices Act. 11/22/2022 1:50 P.M. 3 minute read Carrasquillo v. CICA Collection Agency, Inc., No. 21-1506, 2022 WL 17067655 (D.P.R. Nov. 16, 2022) By Laura Dadd – Compliance […]
The Biden administration wants to make it easier for federal borrowers to discharge their student loan debt by clarifying the criteria needed. 11/18/2022 1:30 P.M. 1.5 minute read New guidance from the U.S. Department of Justice related to discharging federal student loan debt in bankruptcy aims to make the process “better, fairer [and] more transparent,” […]
The consumers filed for bankruptcy and stated they would reaffirm they had a lease on a pickup truck. The consumers did not reaffirm but continued to make payments, which were accepted by the creditor. After the bankruptcy was discharged, the debt was reported as current and in good standing. However, the consumers thought their credit […]
Where a consumer included in her bankruptcy filing only a vague and incomplete description of potential FDCPA claims, and had a motive to conceal the claims, a rebuttable inference of bad faith arises supporting the court’s imposition of the sanction of judicial estoppel and dismissal of the case with prejudice. 10/06/2022 3:45 P.M. 4 minute […]
A Minnesota district court joined other circuits in holding that the FCRA imposes a duty on furnishers to avoid material omissions even if a consumer’s credit report is technically accurate, and that failing to flag an account as disputed in response to an indirect dispute by a consumer can violate the FCRA because it may […]
A consumer appealed a district court’s ruling that she lacked proof of actual damages. The U.S. Court of Appeals for the 8th Circuit upheld the lower court’s ruling. 08/17/2022 3:15 P.M. 3 minute read Peterson v. Experian Info. Sols., No. 21-2863, 2022 WL 3365130 (8th Cir. Aug. 16, 2022) By Laura Dadd – Compliance Analyst […]
A bankruptcy court granted summary judgment to a law firm, finding that the law firm’s post-discharge enforcement of a valid lien against property of the consumer did not violate the bankruptcy discharge injunction. 08/08/2022 3:30 P.M. 4 minute read Santangelo v. Clarvit, Ayundeh, No. 21-80165-BPC, 2022 WL 3135917 (Bankr. M.D. Ala. Aug. 4, 2022) By […]
A consumer sued a debt collector for attempting to collect a debt after she had filed for bankruptcy. The debt collector moved to dismiss the case for lack of standing. 07/21/2022 11:15 A.M. 2 minute read Tudela v. Medicredit, Inc., No. 21 C 5515, 2022 WL 2828754 (N.D. Ill. July 20, 2022) By Laura Dadd […]
New search functions are available in our ACA SearchPoint document library to help you find the compliance resources you need with just a few clicks. 07/13/2022 3:00 P.M. 2.5 minute read ACA SearchPoint is always growing and improving. The latest exciting change for our members was a behind-the-scenes project conducted by ACA’s compliance team that […]
The consumer claims that a debt collector violated the FDCPA because it contacted her by text and phone to collect a debt while she was a party to Chapter 13 bankruptcy. The debt collector contends that its text message to the consumer did not violate the FDCPA because it was not an attempt to collect […]
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