Search Results: FDCPA

FTC and NY AG Convict and Settle For Nearly $50 Million With Debt Collectors

On March 22, 2018, the Federal Trade Commission (FTC), in conjunction with the New York Attorney General (AG), announced that it had entered into settlements with debt collection companies and their operators over allegedly deceptive and unlawful debt collection practices. In a February 2015 complaint filed in the United States District Court for the Western…

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FTC Obtains TRO Temporarily Freezing Assets of Georgia-Based Debt Collection Business

FTC

​On November 8, a federal court in Georgia issued a temporary restraining order against a Georgia-based debt collector, freezing its assets and granting the Federal Trade Commission (“FTC”) immediate access to its business premises. The court granted this relief in response to a complaint filed by the FTC alleging that the…

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CFPB Amends Mortgage Servicing Rule to Facilitate Communications with Borrowers

On October 4, 2017, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule amending a provision of Regulation X regarding the timing for mortgage servicers to communicate with borrowers about foreclosure prevention alternatives.  On the same date, the CFPB also issued a proposed rule regarding timing requirements for…

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District Court Rejects Servicer's Argument that CFPB is Unconstitutional

​On August 4, 2017, the United States District Court for the Middle District of Pennsylvania denied a student loan servicer’s motion to dismiss claims brought against it by the Consumer Financial Protection Bureau (CFPB), rejecting the servicer’s argument that the claims fail because the CFPB is unconstitutional. In January 2017, the…

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Five State Regulators Settle Claims Against Student Loan Debt Collector for $500,000

​On August 10, 2017, the Massachusetts Division of Banks (DOB) announced that it had reached, together with the financial regulators of Connecticut, Idaho, Minnesota, and North Dakota, a settlement with two companies, resolving allegations that their debt collection practices failed to comply with state and federal consumer protection laws, including the Fair Debt…

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FTC Obtains Temporary Restraining Order Freezing Assets of Debt Collection Operation

​On July 10, 2017, the U.S. District Court for the Middle District of Florida entered a temporary restraining​ order (“TRO”) halting operations and freezing the assets of a debt collection operation, at the request of the Federal Trade Commission (“FTC”)​. The FTC charged the defendant company and individuals with violating Section 5(a)…

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FTC Brings Suit Against Debt Collector for "Phantom Debts"

On June 23, 2017, the Federal Trade Commission (FTC) announced​​ that it has filed a complaint in the U.S. District Court for the Western District of North Carolina against a North Carolina debt collection company and its owner, alleging that the defendants took money from consumers for fake or “phantom” debts they did not owe. According…

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Operation Collection Protection Secures $2 Million Civil Penalty Against President of Debt Collection Company

On April 12, 2017, the Federal Trade Commission (FTC) announced that it had secured a $2 million civil penalty against the president of a debt collection company for violating the Fair Debt Collection Practices Act (FDCPA) in United States v. Commercial Recovery Systems, Inc.—one of over a hundred cases brought…

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CFPB Files Complaint Against Ohio Debt Collection Law Firm Over Misrepresentations

​On April 17, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a complaint in the U.S. District Court for the Northern District of Ohio against an Ohio-based debt collection law firm, alleging violations of the Fair Debt Collection Practices Act (FDCPA) and Consumer Financial Protection Act (CFPA). The…

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FTC Announces Settlement with Municipal Debt Collector Over Alleged Abusive Debt Collection Practices

​On March 24, 2017, the Federal Trade Commission (FTC) announced​ that it entered into a consent order with a debt collection company, resolving allegations that the company engaged in unfair and abusive debt collection practices in violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p, and section 5 of…

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Student Loan Debt Collector Settles with FTC for $700,000 Over Alleged FDCPA and FTC Act Violations

FTC

On February 14, 2017, the Federal Trade Commission (FTC) announced that it had entered into a stipulated order with a student loan debt collector, resolving allegations that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) and Federal Trade Commission Act (FTC Act) in its servicing of over two million accounts in…

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Ninth Circuit: Trustees Are Not "Debt Collectors" Under the FDCPA

A recent decision by the Ninth Circuit has created a circuit split regarding the interpretation of the Fair Debt Collection Practices Act (FDCPA).  In Vien-Phung Ho v. ReconTrust Co. et al., case no. 10-56884, the court held that the trustee of a California deed of trust is not a “debt collector” under the…

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CFPB Files Lawsuit Against Largest U.S. Student Loan Servicer Over Deceptive Practices

On January 18, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania against a servicer of private and federal student loans, alleging that the servicer used deceptive practices related to borrower repayment. The student loan servicer is…

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CFPB Orders Medical Debt Collection Law Firms To Pay Over $600,000 For Alleged Misrepresentations

On January 9, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with two affiliated medical debt collection law firms over allegations that the law firms used deceptive collection letters and illegally notarized collection affidavits.  The consent order alleges that the law firms would send debtors collection…

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