It is quite common for a debtor to receive a call from a 3rd party he or she does not recognize concerning a delinquent debt. Often, the calls are at inconvenient times and are quite confusing since the debtor does not recall ever borrowing money from or having a credit account with the 3rd party. … Continue reading What exactly is a “debt collector” under the FDCPA.
Recently, the United States Court of Appeals for the Third Circuit, rendered an opinion in the class action, Michelle Tatis vs. Allied Interstate, LLC: John Does 1-25, No. 16-4022, clarifying whether time-barred offers from creditors to settle old obligations violated the Fair Debt Collection Practice Act (“FDCPA”). On appeal, the 3rd Circuit reversed a decision … Continue reading The 3rd Circuit holds debtors may sue creditors who offer to settle time-barred debt under the FDCPA.
In previous blogs, I have discussed the protections provided consumers under the Federal Fair Debt Collection Practices Act (“FDCPA”). The FDCPA is a powerful deterrence to unscrupulous debt collectors and unlawful debt collection practices. The FDCPA is a comprehensive and reticulated statutory scheme, involving clear definitions, precise requirements, and particularized remedies. The validity of the … Continue reading Pennsylvania consumers protections under the Fair Credit Extension Uniformity Act
In a previous blog, I was asked to write a blog on the recent May 15, 2017 United States Supreme Court decision in Midland Funding, LLC v. Johnson, docket no. 16-348. In a 5-3 vote the Supreme Court reversed a decision by the United States Court of Appeals for the Eleventh Circuit holding that the … Continue reading The Supreme Court’s decision in Midland Funding, LLC v. Johnson places too much reliance on Bankruptcy Trustees.
If you have defaulted on your credit card obligations or other debts, you have likely been subjected to calls and letters and from debt collectors, attorneys, and/or creditors threatening legal action if you don’t pay. What many may not realize is that as a debtor you are afforded protection from unfair debt collection practices under … Continue reading Protection Consumers Have Under Federal and State Law From Creditors and Debt Collectors.