Tag Archives | Mark Colombell

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

The Bona Fide Error Defense to the Rescue

By on February 18, 2013

On January 23, 2013, the United States District Court for the District of Maryland upheld a law firm’s bona fide error defense on summary judgment.  In Yu v. Kevin B. Wilson Law Offices, et al, 2013 U.S. Dist. LEXIS 14863, a plaintiff filed suit against a law firm (the “Law Firm”) for violations of the […]

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Mark-Colombell

Do Transactional Fees Paid to Third Parties Violate the FDCPA?

By on January 7, 2013

In Shami v. National Enterprise Systems, 2012 U.S. App. LEXIS 182349 (Dec. 27, 2012),  the United States District Court for the Eastern District of New York granted a debt’s collector’s motion for summary judgment of a putative class action.  In granting the motion for summary judgment, the Court found that the following facts were not […]

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Mark-Colombell

The New Reach of the CFPB

By on November 5, 2012

The Consumer Financial Protection Bureau (the “CFPB”) is a federal agency that holds primary responsibility for regulating consumer protection with regards to financial products and services in the United States.  The CFPB was founded as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the bureau began operation on July 21, […]

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