A consumer received a bill for ambulance services and sued the debt collector alleging the billing letter contained several FDCPA violations. Both parties moved for summary judgment. 09/14/2022 2:30 P.M. 4 minute read By Laura Dadd – Compliance Analyst Note: ACA provides Daily Decisions as an educational benefit for members. The information presented in the […]
A consumer received a letter from a debt collector attempting to collect an alleged medical debt. The consumer claimed the letter did not include the required statement that the debt collector would provide the name of the original creditor upon request, among other things. The consumer sued the debt collector for violating the FDCPA. 09/13/2022 […]
A consumer received a collection letter and claimed it did not clearly state the amount owed and threatened to cash a post-dated check early. The debt collector moved to dismiss the case. 08/15/2022 3:45 P.M. 3 minute read Hirschman v. DCM Services, LLC, No. 21CV19251 (EP) (JRA), 2022 WL 3339476 (D.N.J. Aug. 11, 2022) By […]
Two consumers sued a debt collection company for sending them a letter that said the debt collector would credit report the account if it did not receive payment. The debt collector moved for summary judgment. 06/22/2022 3:15 P.M. 4 minute read Sandoval v. Midland Funding, LLC, No. 18-09396, 2022 WL 2116769 (D.N.J. June 13, 2022) […]
A consumer received a collection letter from a debt collector. The consumer alleged that the letter failed to clearly identify the current creditor to whom the alleged debt is owed, which would confuse or deceive a least sophisticated consumer. The debt collector moved to dismiss the case for failure to state a claim. 05/26/2022 3:30 […]
A consumer received a collection letter for a debt that he claimed was not his. He sued the debt collector for multiple violations of the FDCPA. The court held that he needed to provide some facts to support his allegation that he did not owe the debt. 05/19/2022 2:45 P.M. 3 minute read Cohen v. […]
The bureau has model disclosures, including the debt collection model validation notice, available to help regulated entities provide materials to Spanish-speaking consumers. 05/12/2022 12:15 P.M. 1 minute read The Consumer Financial Protection Bureau has issued an updated list of disclosures in Spanish, including the debt collection model validation notice. “Financial service providers increasingly recognize the […]
A collection letter that presented two options to pay or dispute the debt, and did not emphasize one over the other, did not violate the FDCPA. 02/23/2022 4:00 P.M. 4 minute read Pistone v. Halsted Financial Services, LLC, No. 21-cv-4167 MAS LHG, 2022 WL 525934 (D.N.J. Feb. 22, 2022) By Betsy Clarke—Compliance Attorney Note: ACA […]
The court found a consumer’s allegations were conclusory and did not state a violation of the FDCPA because the consumer failed to clearly articulate the factual underpinnings for her claims, including why she did not owe a debt to the collector and the reasons why she believed the communications in her exhibits violated the law. […]
The 9th Circuit Court of Appeals reversed a district court’s grant of summary judgment to a law firm, finding that the law firm’s collection notice violated the FDCPA because it expressly stated that the consumer must dispute the debt in writing. 01/26/2022 3:30 P.M. 3.5 minute read Almada v. Krieger Law Firm, A.P.C., No. 21-55275, […]
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