Tag Archives | FDCPA

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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Zachary D. Cohen

FTC Settlement with Debt Collector over Text Messages

By on October 30, 2013

Last month, the Federal Trade Commission (FTC) extracted a $1 million settlement from a debt collector who used text messaging to attempt to collect debts in an allegedly unlawful manner.  The FTC charged a California-based debt collector who owned two debt collection companies—National Attorney Collection Services, Inc. and National Attorney Services LLC—with violations of the […]

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Zachary Cohen

Consistency in Language to Debtors is Important

By on June 4, 2013

A recent decision of the Third Circuit Court of Appeals highlights the importance of consistency in correspondence from a debt collection agency to debtors.  The case involved the language in a collection notice that was sent to a debtor regarding monies owed for medical expenses.  See Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d […]

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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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What Constitutes a “Sufficient Factual Basis” to Support a Claim under the FDCPA?

By on May 6, 2013

Federal courts are routinely confronted with the question of whether a plaintiff has alleged sufficient facts under the FDCPA “to raise a right to relief above the speculative level” necessary to survive a Rule 12(b)(6) motion to dismiss.  Recently, a Maryland federal district court addressed the sufficiency of various factual allegations levied against a debt […]

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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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