Category Fair Debt Collection Practices Act

FDCPA Violations Begin When the Violation Occurs

On Tuesday, the United States Court of Appeals for the Third Circuit departed from opinions issued by the Fourth and Ninth Circuits in ruling that violations of the FDCPA begin to run when the violation occurs. In Rotkiske v. Klemm, et al., plaintiff Rotkiske sued a law firm that, in 2009, had obtained a default […]

Ruling on Disclosure in Debt Collection Letters

Earlier this month, a West Virginia federal court ruled a disclosure in a debt collection letter regarding potential tax implications for settling a debt did not violate the Fair Debt Collection Practices Act (“FDCPA”) or the West Virginia Consumer Credit and Protection Act (“WVCCPA”). In Garrettson v. Sentry Credit, Inc. et al., a debt collector […]

The Homeowner Can Believe Everything They Read – Even if They Filed Bankruptcy

Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say. Recently, the United States Court of Appeals for the Fourth Circuit affirmed a trial court’s ruling that granted a mortgage servicer […]