debt collection
Collections Class Action
Midland Credit Management obtained hundreds of arbitration awards in Florida without “offering any evidence that an arbitration agreement existed between the parties and without being licensed to collect debts in Florida,” a class action claims in Palm Beach County Court.
Read moreLoan Servicing
The Ninth Circuit affirmed a contempt sanction against Ocwen Loan Servicing in a case brought by debtors who claim they suffered severe emotional distress by receiving letters and phone calls from the company about the home they had abandoned to foreclosure before filing for bankruptcy. A bankruptcy court had concluded the company violated the debtors’ discharge injunction.
Read moreSupreme Court to Tackle Bankruptcy Repossessions
Taking up a case involving four men whose cars were impounded over scads of traffic tickets, the Supreme Court agreed Wednesday to determine whether filing for bankruptcy can undo a lawful repossession.
Read moreHigh Court Clears Debt Collector on Long-Delayed Suit
Siding with a debt collector, the Supreme Court ruled Tuesday that a man who didn’t know he was being sued over a $1,200 credit card debt missed the time window to sue.
Read moreDebt Collector Beats Bulk of DA Letterhead Lawsuit
A debt collector did not break the law by using government seals and letterheads to get people who bounced checks to pay restitution and take classes, a federal judge ruled Wednesday, but the company may have charged illegal fees.
Read moreStudent Debt
A federal judge refused General Revenue Corp.’s request to dismiss a class action accusing it of using illegal tactics to collect on student loans.
Read moreCourt Balks at Unencrypted Collection-Letter Barcodes
Collection letters stamped with barcodes that pull up account numbers when scanned are just as illegal as printing the account numbers on the envelopes, the Third Circuit ruled Monday.
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Appeals Court Probes QR Code With Private Data
A company found to have violated the Fair Debt Collection Practices Act by enclosing collections letters in coded envelopes pushed the Third Circuit for a reversal Thursday.
Read moreSupremes Set Sanctions Rule for Bankruptcy Collections
Creditors can be held in contempt, the U.S. Supreme Court ruled Monday, if they go after debts that objectively appear to have been discharged in bankruptcy.
Read moreHigh Court Agrees to Limit Removal of Class Actions
Offering a narrow view of procedures governing class actions, the Supreme Court ruled 5-4 on Tuesday that a new defendant cannot remove such a case from state to federal court after an original defendant files a counterclaim bringing in the new party.
Read moreOcwen Loans
A federal judge granted final approval to a $21.5 million class settlement against Ocwen Loan Servicing for violating debt-collection and telemarketing laws.
Read moreRobocall Loophole Defeated at Fourth Circuit
The fight against robocalls got a boost Wednesday when the Fourth Circuit struck down a loophole carved out for the collection of federally backed loans.
Read moreLawyers Duck Debt-Collector Liability at Supreme Court
A law firm that carried out a nonjudicial foreclosure against a homeowner who defaulted on his loan does not qualify as a debt collector, the U.S. Supreme Court ruled Wednesday.
Read moreSupreme Court to Settle Spat on Debt-Collection Lawsuits
The Supreme Court agreed Monday to decide if it is the date of a violation or the date of discovery that starts the clock to bring a federal complaint against a debt collector.
Read moreDebt Collector Is as Debt Collector Does, 3rd Circuit Says
A company that tapped a debt collector to go after delinquent accounts is still itself a debt collector, the Third Circuit ruled Friday.
Read more4th Circuit Critical of Uncle Sam’s Robocall Loophole
Defending a loophole to robocall laws carved out by Congress for the collection of federally backed loans, a lawyer for the government faced tough questions Wednesday at Fourth Circuit oral arguments.
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