LexisNexis® Legal Newsroom
High Court: Debt Collection Act Does Not Prohibit Award of Costs Under Rule

WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled today...

CFPB Releases Annual Report on Fair Debt Collection Practices Act

by Haydn J. Richards, Jr. On March 20, 2014, as mandated in the Dodd Frank Act, the CFPB released its annual report to Congress concerning the Fair Debt Collection Practices Act (FDCPA). The CFPB reported on more than 30,000 consumer complaints concerning the debt collection market. The three most...

11th Circuit Rejects Percentage Collection Fees Under FDCPA Without Specific Contract Provision

by Scott Kelly , Virginia Bell Flynn , Ethan G. Ostroff , David N. Anthony , John C. Lynch and Alan Wingfield On January 2, 2014, the Eleventh Circuit Court of Appeals found that the Fair Debt Collection Practices Act prohibits collection agencies from charging consumers a percentage fee of the balance...

New Debt Collection Rules Announced for New York State Courts

by Amanda L. Genovese , Ethan G. Ostroff and David N. Anthony New York Court administrators recently announced new rules impacting cases involving debt collector-plaintiffs with certain debt claims against consumers. As we discussed on May 7th when the proposed rules were announced, the new rules...

CFPB Supervision Report Targets Illegal Debt Collection Practices

by Brendan H. Connors and David N. Anthony On October 28, the Consumer Financial Protection Bureau issued the latest edition of its “ Supervisory Highlights ” report, covering illegalities it discovered in the debt collection, student loan servicing, and mortgage collection markets between...

NY Attorney General, FTC Bring Joint Enforcement Actions Against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are seeking injunctive relief and damages for violations of the Fair Debt Collection...