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, […]
The consumer received a collection letter for a debt that she did not believe she owed. The consumer claimed she would have disputed it, but the letter confused her and so she did not. The consumer sued claiming the letter overshadowed the validation period. The debt collector moved to dismiss, and the court granted the debt collector’s motion. […]
A consumer claimed a debt collection letter overshadowed the validation period because it could be interpreted as threatening imminent litigation. He also claimed the letter contained contradictory information as well as an intimidating letterhead that overshadowed the validation period. The debt collector moved for judgment on the pleadings. […]
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