Debt Collection

Jury Makes Findings in CFPB v. WWR

by Jessica Lamoreux Jessica Lamoreux

The case brought against Weltman, Weinberg, & Reis (“WWR”) by the Consumer Federal Protection Bureau (“CFPB”) moved one step closer to resolution, if not clarity, this month. Senior U.S. District Judge Donald Nugent will issue a verdict after considering the jury’s conclusions of fact, which were returned on two questions:

  • Did WWR’s initial demand letters contain “false, deceptive, or misleading representations or means”? The jury concluded that they did.
  • Did the CFPB prove that WWR’s attorneys were not meaningfully involved in the debt collection process? The jury concluded that it did not.

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A New Barrier: the Least-Sophisticated Consumer & Language Barriers

by Sasha Lemon Sasha Lemon

A majority of federal court circuits have adopted the least-sophisticated consumer standard in analyzing Fair Debt Collection Practices Act (FDCPA) claims. The least-sophisticated consumer standard is to ensure that the FDCPA protects gullible as well as shrewd consumers. Creditor Rights advocates have had to contend with this standard, which essentially lowers the burden for a consumer, for years. Although the standard provides deference to the consumer, it is still fairly objective; it merely asks whether the least sophisticated consumer would have been misled by the actions of the debt collector. Read more

Collecting Through the Bankruptcy Process

by Scott Paris Scott Paris

In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act to amend the United States Bankruptcy Code (the “Act”). The changes made to the Act were designed to make it theoretically more difficult for people to file Chapter 7 Liquidation bankruptcy, forcing more filers into reorganization (repayment) through a Chapter 13 bankruptcy. While these changes had the intended effect in the short term, the 2007 financial crisis threw a wrench in the gears of Congress’s intent in amending the Act. According to the U.S. Bankruptcy Courts, the number of filings consistently increased from 2006 through 2011, and by 2010 had reached pre-2005 amendment levels. Since 2011, filings have steadily decreased. This decrease is good for both the economy and the collections industry, but as collection attorneys, knowledge of the Bankruptcy Act and Rules is necessary for a successful practice. Read more

Telephone Consumer Protection Act Compliance

by Scott Paris Scott Paris

The Telephone Consumer Protection Act (“TCPA”) was passed in 1991, largely as a response to what Congress saw as an excess of unsolicited telemarketing and facsimile communications to residential, emergency and mobile telephone numbers. At its inception, the TCPA did not appear to be directed toward the regulation of debt collection phone calls where an existing commercial/consumer relationship existed. However, over the past 20 years the FCC and various Courts have applied the dictates of the TCPA to debt collectors, specifically those who call consumer debtor mobile phones. Read more

Judicial conference increases amounts exempt from execution

by Crystal Duplay Crystal Duplay

Beginning in April 2010, and continuing every 3rd year, the judicial conference shall adjust amounts that are exempt from execution.[i]   This adjustment is based on the consumer price index for all urban consumers or other comparable lists.[ii]  The adjustments include, but are not limited to, exemptions for vehicles, jewelry, wages, and bank attachments.  In 2013, this amount for bank attachments was adjusted from $425.00 to $450.00.  Read more

House Bill Would Exempt Collection Attorneys Engaged in Litigation from the FDCPA

by Dean Kanellis Dean Kanellis

A bill that was recently introduced in the House of Representatives would exempt debt collection attorneys from the Fair Debt Collection Practices Act (FDCPA) “when taking certain actions.” The Bill, which was introduced by Rep. Ed Perlmutter (D-Colo.) and co-sponsored by Rep. Spencer Bachus (R-Ala.), is described as a technical fix that does not erode the consumer protections afforded by the FDCPA. Read more