Author Archive | Mark Colombell

Mark-Colombell

Police Departments Turning to Body-Mounted Cameras

By on September 10, 2014

As a regular presenter on use of force tactics to law enforcement academies, I am often asked why all law enforcement agencies have not implemented body-mounted cameras for all uniformed officers. The simple answer is that while the technology is no longer cost-prohibitive, there are some logistical concerns that come into play, such as: (1) […]

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Mark-Colombell

A Congressional Response to Marx v. General Revenue Corp.

By on May 15, 2014

The case of Marx v. General Revenue Corp. is garnering even more attention. In December of 2011, the 10th Circuit affirmed the decision of the trial court that awarded costs to a prevailing defendant in a Fair Debt Collections Practices Act (the “FDCPA”) lawsuit. In February 2013, we reported on the United State Supreme Court […]

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Mark-Colombell

Attention Debt Collectors: New Rules Are On The Way

By on November 11, 2013

On November 6, 2013, the Consumer Financial Protection Bureau (the “CFPB”) formally issued an Advance Notice of Proposed Rulemaking focused on the governance of debt collectors.  Since its creation, the CFPB has been equipped with a wide range of enforcement and regulatory mechanisms, including but not limited to rulemaking.  While it is generally the case […]

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Mark Colombell

The Need For a Compliance Management System

By on August 9, 2013

The reach of the Consumer Financial Protection Bureau (the “CFPB”) continues to expand.  Debt collectors of all shapes and sizes must familiarize themselves with the structure, purpose and activities of the CFPB.  If your company finds itself in the crosshairs of a CFPB examination, you must recognize that the process is going to be expensive […]

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Mark-Colombell

Liar Liar: Does Suggesting That a Consumer is Not Telling the Truth Create Liability Under the FDCPA?

By on May 21, 2013

In Summers v. Merchants & Medical Credit Corp., a consumer filed suit against a collection agency who accused the consumer of being untruthful.  More specifically, the consumer alleged that during a phone conversation, the debt collector accused the consumer of “not [being] honest” and specifically accused the consumer of “lying” about not working as a […]

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Mark-Colombell

How Late is Too Late to Raise the Bona Fide Error Defense?

By on April 8, 2013

On March 22, 2013, the United States District Court for the District of Maryland addressed whether a debt collector can raise the bona fide error (“BFE”) defense for the first time on summary judgment.  In Dorris v. Accounts Receivable Management, 2013 U.S. Dist. LEXIS 40122, a consumer brought suit against Accounts Receivable Management (“ARM”) under […]

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Mark-Colombell

UPDATE – Marx v. General Revenue Corp.

By on March 18, 2013

A couple months ago, we discussed a case that was before the United States Supreme Court that will have a tremendous effect on FDCPA litigation nationwide. The case addressed the issue of cost shifting in a FDCPA lawsuit.  In Marx v. General Revenue Corp., the United States Supreme Court reviewed the decision from the 10th […]

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