Thu, 28 July 2016
On July 28, 2016, the CFPB released an outline of its proposed rules regarding debt collection. The outline is the next step in the first ever rulemaking in the nearly 40 year history of the FDCPA.
Attorneys John Rossman and Mike Poncin examine some of the highlights of the CFPB rulemaking outline in the latest episode of the Debt Collection Drill podcast.
Wed, 13 July 2016
Debt collection letters continue provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in constant flux and new decisions sometimes contradict previous rulings. In a rare win for the collection industry, a recent case out of the Eastern District of New York -In Re Krieger- rejected a consumer's FDCPA claims brought in a putative class action and premised on language included in a collection letter.
In the latest episode of the Debt Collection Drill podcast, attorneys John Rossman and Mike Poncin discuss the Krieger decision and provide specific collection letter recommendations for debt collectors, emphasizing the need for collection letters to be reviewed by an independent attorney on an annual basis.