The Debt Collection Drill

The CFPB’s proposed debt collection rules envision a much-needed update and modernization to many provisions in the Fair Debt Collection Practices Act.  However, the CFPB’s proposed rules include a limit of the number of debt collection calls that may be made per week without regard to the REJECTION of call frequency limits by Congress.  Because our Congress considered and dismissed call frequency limits for debt collectors, the CFPB cannot implement such limits through rulemaking.

In this episode of the Debt Collection Drill podcast, attorneys Mike Poncin and John Rossman re-enact (from official Congressional transcripts) portions of the April 4, 1977 debates in the United States House of Representatives regarding the FDCPA and specifically a then-proposed weekly limit on debt collection calls.  Members of Congress raised specific and detailed objections on the record about the Constitutionality of the call frequency limit proposal at that time and also concerns about false claims. 

Direct download: TDCD_ep76_1.mp3
Category:general -- posted at: 3:42pm CDT

Debt collectors defending against hyper-technical FDCPA lawsuits by consumer attorneys commonly ask the same question: “How could the consumer possibly have been harmed by this supposed violation of the FDCPA?”  The question is especially poignant when the purported FDCPA violation arises from a collection letter the consumer never read or from the language in the collection letter upon which the consumer never intended to rely.  Does the concept of “no harm, no foul” apply to the FDCPA?

In this episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the recent ruling by the Seventh Circuit Court of Appeals in the Casillas matter dismissing an alleged hyper-technical FDCPA letter violation.  They also discuss the recent ruling by the Second Circuit Court of Appeal regarding interest and share thoughts on the CFPB’s proposed debt collection rules.

Direct download: TDCD_ep75_A.mp3
Category:general -- posted at: 11:12am CDT

As most debt collectors know, sending any collection notice into Delaware, New Jersey or Pennsylvania (the States with Federal Courts in the Third Circuit) will likely result in an FDCPA class action lawsuit against the debt collector.  Typically these lawsuits assert that the validation language used in the collection letter does not require the consumer to communicate disputes in writing only allegedly in violation of the FDCPA.  While several appeals on this issue are pending and consolidated before the Third Circuit Court of Appeals, a decision from the Third Circuit in 2017 may provide guidance on how it will rule in favor of the debt collectors.  

In the most recent episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by their colleague, attorney Aylix Jensen, to discuss the Third Circuit validation issues, including the Jewsevskyj case, compliance with the new California privacy law (the CCPA) and credit reporting accounts in bankruptcy (see recent article on this issue http://www.insidearm.com/news/00044941-credit-reporting-debts-bankruptcy-deluge-/)

Direct download: TDCD_EP74.mp3
Category:general -- posted at: 11:06am CDT

Debt collectors face an historic onslaught of FDCPA cases in Pennsylvania (and to a lesser extent New Jersey), all of which allege that statutory language in collection letters which tracks the FDCPA somehow violates the law.  The Courts in these cases take the position that a consumer must be apprised that a dispute must be in writing to be effective, even though this position is contrary to the plain language of the FDCPA and rulings by the Second, Fourth and Ninth Circuit Courts of Appeal.  This issue has been addressed extensively in InsideARM: 

http://www.insidearm.com/news/00044725-22m-settlement-proposed-fcra-case-pulling/

http://www.insidearm.com/news/00044669-open-letter-cfpb-1692g-issues-within-thir/

In this episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin directly address whether debt collectors should change notices sent into Pennsylvania and also discuss the impact of the settlement in the Crunch v. Marks decision along with the recent California out-of-statute disclosure.

Direct download: TDCD_EP73.mp3
Category:general -- posted at: 2:57pm CDT

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