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Articles by Mark Windham
$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation
Earlier this year, a district court for the Middle District of Florida upheld a jury award of $225,000 in punitive damages in a debt collection case finding the defendant’s conduct “reprehensible” based on the physical harm caused to the plaintiff, the defendant’s indifference or reckless disregard of the harm it caused to the plaintiff, the plaintiff’s financial vulnerability, and the defendant’s repeated actions. In Medley v.
$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation
Earlier this year, a district court for the Middle District of Florida upheld a jury award of $225,000 in punitive damages in a debt collection case finding the defendant’s conduct “reprehensible” based on the physical harm caused to the plaintiff, the defendant’s indifference or reckless disregard of the harm it caused to the plaintiff, the plaintiff’s financial vulnerability, and the defendant’s repeated actions. In Medley v.
$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation
Earlier this year, a district court for the Middle District of Florida upheld a jury award of $225,000 in punitive damages in a debt collection case finding the defendant’s conduct “reprehensible” based on the physical harm caused to the plaintiff, the defendant’s indifference or reckless disregard of the harm it caused to the plaintiff, the plaintiff’s financial vulnerability, and the defendant’s repeated actions. In Medley v.
Connecticut Banking Regulator Reduces Fine Against Defunct Collection Firm | JD Supra
The Connecticut Banking Commissioner (Commissioner), acting through the Consumer Credit Division of the Department of Banking (the Division), conducted an investigation into the Law Offices of David M. Katz, discovering that in 2018 and 2019 the firm had engaged in in unlicensed collection activity involving about 10,000 Connecticut accounts with a total balance of $1.4 million. The firm allegedly collected about $81,000 of that amount.
Connecticut Banking Regulator Reduces Fine Against Defunct Collection Firm
The Connecticut Banking Commissioner (Commissioner), acting through the Consumer Credit Division of the Department of Banking (the Division), conducted an investigation into the Law Offices of David M. Katz, discovering that in 2018 and 2019 the firm had engaged in in unlicensed collection activity involving about 10,000 Connecticut accounts with a total balance of $1.4 million. The firm allegedly collected about $81,000 of that amount.
Connecticut Banking Regulator Reduces Fine Against Defunct Collection Firm
The Connecticut Banking Commissioner (Commissioner), acting through the Consumer Credit Division of the Department of Banking (the Division), conducted an investigation into the Law Offices of David M. Katz, discovering that in 2018 and 2019 the firm had engaged in in unlicensed collection activity involving about 10,000 Connecticut accounts with a total balance of $1.4 million. The firm allegedly collected about $81,000 of that amount.
FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss
In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union then assigned the debt to a third-party collection agency. Following the assignment, the collection agency opened its own tradeline for the debt, while the credit union also continued to report the debt.
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense
In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management company engaged a collection agency to recover the remaining amounts claimed as due and owing under the lease. Over the course of several months, the collection agency sent the plaintiff multiple emails and letters containing errors.
FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss | JD Supra
In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union then assigned the debt to a third-party collection agency. Following the assignment, the collection agency opened its own tradeline for the debt, while the credit union also continued to report the debt.
FCRA Claim for "Misleading" Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss
In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union then assigned the debt to a third-party collection agency. Following the assignment, the collection agency opened its own tradeline for the debt, while the credit union also continued to report the debt.
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense | JD Supra
In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management company engaged a collection agency to recover the remaining amounts claimed as due and owing under the lease. Over the course of several months, the collection agency sent the plaintiff multiple emails and letters containing errors.
Washington Federal Court Holds "Vague" and "Conclusory" References to "Reasonable Procedures" Not Enough to Establish FDCPA's Bona Fide Error Defense
In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management company engaged a collection agency to recover the remaining amounts claimed as due and owing under the lease. Over the course of several months, the collection agency sent the plaintiff multiple emails and letters containing errors.
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense
In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management company engaged a collection agency to recover the remaining amounts claimed as due and owing under the lease. Over the course of several months, the collection agency sent the plaintiff multiple emails and letters containing errors.
Arizona Federal Court Holds FDCPA’s $1,000 Statutory Damages Provision Applies Separately to Each Defendant | JD Supra
In Casillas v. Thunderbird Collections Specialists Incorporated, et al., the plaintiff sustained a work-related injury requiring medical treatment for which a worker’s compensation claim was filed. Under state law, an injured worker who receives a workers’ compensation award is not legally responsible for medical bills covered by the award. Unaware of this law, a collection agency began efforts to recover the plaintiff’s unpaid medical bills, including engaging a law firm to file a collection suit.
Arizona Federal Court Holds FDCPA’s $1,000 Statutory Damages Provision Applies Separately to Each Defendant
In Casillas v. Thunderbird Collections Specialists Incorporated, et al., the plaintiff sustained a work-related injury requiring medical treatment for which a worker’s compensation claim was filed. Under state law, an injured worker who receives a workers’ compensation award is not legally responsible for medical bills covered by the award. Unaware of this law, a collection agency began efforts to recover the plaintiff’s unpaid medical bills, including engaging a law firm to file a collection suit.
Arizona Federal Court Holds FDCPA’s $1,000 Statutory Damages Provision Applies Separately to Each Defendant
In Casillas v. Thunderbird Collections Specialists Incorporated, et al., the plaintiff sustained a work-related injury requiring medical treatment for which a worker’s compensation claim was filed. Under state law, an injured worker who receives a workers’ compensation award is not legally responsible for medical bills covered by the award. Unaware of this law, a collection agency began efforts to recover the plaintiff’s unpaid medical bills, including engaging a law firm to file a collection suit.
“Minor Procedural Missteps” in Collection Litigation Do Not Violate the FDCPA, District Court Holds | JD Supra
In Ingersoll v. Brandsness, the suit arose out of an effort by a collection agency and its counsel to obtain a judgment on unpaid medical bills. After the filing of the complaint, and the consumer’s filing an answer, the matter was referred to arbitration. Then, counsel for the collection agency moved for entry of default, which was denied in light of the consumer’s answer.
"Minor Procedural Missteps" in Collection Litigation Do Not Violate the FDCPA, District Court Holds
In Ingersoll v. Brandsness, the suit arose out of an effort by a collection agency and its counsel to obtain a judgment on unpaid medical bills. After the filing of the complaint, and the consumer’s filing an answer, the matter was referred to arbitration. Then, counsel for the collection agency moved for entry of default, which was denied in light of the consumer’s answer.
“Minor Procedural Missteps” in Collection Litigation Do Not Violate the FDCPA, District Court Holds
In Ingersoll v. Brandsness, the suit arose out of an effort by a collection agency and its counsel to obtain a judgment on unpaid medical bills. After the filing of the complaint, and the consumer’s filing an answer, the matter was referred to arbitration. Then, counsel for the collection agency moved for entry of default, which was denied in light of the consumer’s answer.
NY AG Sues Digital Asset Exchange CoinEx for Failing to Register as Broker-Dealer
On February 22, New York Attorney General Letitia James filed an enforcement action against digital asset exchange, CoinEx, for failing to register as a securities and commodities broker-dealer and for falsely representing itself as a crypto exchange without appropriate registration in violation of New York law.
NY AG Sues Digital Asset Exchange CoinEx for Failing to Register as Broker-Dealer
Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling. Ethan is part of the firm’s national practice representing consumer-facing companies of all types in defense of individual and class action claims and counseling them on compliance with federal and Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling.
Michigan Federal Court Finds Conflicting Records Concerning Request to Remove Disputed Debt Status Creates Issue of Fact in FDCPA Case
In a recent decision, a Michigan district court found that because there was a genuine issue of fact as to whether the defendant debt collector notified the consumer reporting agency (CRA) to remove a disputed debt notification from the plaintiff’s tradeline, the case could proceed to trial. In Evans v. Merchants and Medical Credit Corp., the plaintiff received a letter from the defendant attempting to collect on an unpaid debt.
Michigan Federal Court Finds Conflicting Records Concerning Request to Remove Disputed Debt Status Creates Issue of Fact in FDCPA Case
In a recent decision, a Michigan district court found that because there was a genuine issue of fact as to whether the defendant debt collector notified the consumer reporting agency (CRA) to remove a disputed debt notification from the plaintiff’s tradeline, the case could proceed to trial. In Evans v. Merchants and Medical Credit Corp.the plaintiff received a letter from the defendant attempting to collect on an unpaid debt.
Federal Regulators Jointly Release New FDCPA Examination Procedures | JD Supra
On Dec. 15, 2022, the Federal Financial Institutions Examination Council’s (FFIEC) Task Force on Consumer Compliance adopted revised examination procedures for the Fair Debt Collection Practices Act (FDCPA) and its implementing regulation, Regulation F. The revised interagency procedures will apply to examinations conducted by FFIEC’s member regulators of their respective regulated institutions.
Federal Regulators Jointly Release New FDCPA Examination Procedures
On Dec. 15, 2022, the Federal Financial Institutions Examination Council’s (FFIEC) Task Force on Consumer Compliance adopted revised examination procedures for the Fair Debt Collection Practices Act (FDCPA) and its implementing regulation, Regulation F. The revised interagency procedures will apply to examinations conducted by FFIEC’s member regulators of their respective regulated institutions.
Filing Motion to Dismiss in State Court Waived Right to Removal, Holds Fourth Circuit | JD Supra
FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action against Redman to collect the judgment. Once Redman became aware of the default judgment, he filed a motion to set aside the default, which the state court granted, as well as a third-party complaint against Javitch.
Filing Motion to Dismiss in State Court Waived Right to Removal, Holds Fourth Circuit
FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action against Redman to collect the judgment. Once Redman became aware of the default judgment, he filed a motion to set aside the default, which the state court granted, as well as a third-party complaint against Javitch.
Massachusetts AG Reaches $600K Settlement With Debt Settlement Payment Processor
The attorney general of Massachusetts reached a settlement with a payment processing company that allegedly assisted a debt settlement company engaged in charging consumers premature and inflated fees.
Eleventh Circuit Holds TILA-Required Mortgage Statements Can Violate FDCPA | JD Supra
When mortgage servicers use periodic statements sent under the Truth in Lending Act (TILA) to collect a debt, they can be held liable under the Fair Debt Collection Practices Act (FDCPA) for any misleading or unconscionable representations made in those statements. Applying this reasoning, the Eleventh Circuit recently overturned a dismissal of a FDCPA case — Lamirand v.
NY District Court Rules Consumer With No Intent to Pay a Debt Lacks Standing in FDCPA Claim for Conflicting Collection Letters | JD Supra
A consumer made charges on a credit card account, which she failed to pay as agreed. The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 balance. In a fifth letter, it demanded a balance of $3,996.74.
NY District Court Rules Consumer With No Intent to Pay a Debt Lacks Standing in FDCPA Claim for Conflicting Collection Letters
A consumer made charges on a credit card account, which she failed to pay as agreed. The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 balance. In a fifth letter, it demanded a balance of $3,996.74.
L&C Daily: Elijah Mcclain: Five First Responders Now Charged Two Years After His Death
Law&Crime Network published this video item, entitled “L&C Daily: Elijah Mcclain: Five First Responders Now Charged Two Years After His Death” – below is their description. L&C Daily Elijah Mcclain: Five First Responders Now Charged Two Years After His Death Tonight on Law&Crime Daily… Five first responders are now charged in the death of Elijah McClain two years after the 23-year-old was killed. R. Kelly’s sixth accuser takes the stand.
Continued Collection Activity Following Unsubstantiated Identity Theft Claim Does Not Violate FDCPA | JD Supra
In Blackmon v. Ad Astra Recovery Services, an individual claiming to be Brittney Blackmon obtained a payday loan in her name and then never made a payment. The debt was subsequently assigned to defendant collection firm Ad Astra Recovery Services, Inc. (AARC). Years later, Blackmon contacted AARC by telephone to dispute the debt. Blackmon informed the AARC representative that she had discovered the debt on her credit report and believed that it was fraudulent.
Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA | JD Supra
The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. After the plaintiff obtained his bankruptcy discharge, the defendant debt collector sent the plaintiff two collection letters, demanding payment of the debt for past-due rent.
Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA
The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. After the plaintiff obtained his bankruptcy discharge, the defendant debt collector sent the plaintiff two collection letters, demanding payment of the debt for past-due rent.
State AGs Endorse Call for President Biden to Cancel $50,000 in Federal Student Loan Debt | JD Supra
Last week, attorneys general from 17 states wrote a letter to Democrat and Republican leaders in both houses of Congress, expressing support for Senate Resolution 46 and House Resolution 100, which call upon President Biden to use executive authority under the Higher Education Act to cancel up to $50,000 in federal student loan debt for all student loan borrowers.
State AGs Endorse Call for President Biden to Cancel $50,000 in Federal Student Loan Debt
Last week, attorneys general from 17 states wrote a letter to Democrat and Republican leaders in both houses of Congress, expressing support for Senate Resolution 46 and House Resolution 100, which call upon President Biden to use executive authority under the Higher Education Act to cancel up to $50,000 in federal student loan debt for all student loan borrowers.
Declaration by Credit Card Company Regarding Vendor’s Mailing of Card Agreement Insufficient to Enforce Arbitration Provision Against Cardholder, District Court Finds | Troutman Pepper - JDSupra
A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No. 1:20-cv-02162-BAH, 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021). Plaintiff Charnita Proctor sued First Premier Corp. (FPC) for alleged violations of the Fair Credit Reporting Act (FCRA) in relation to its reporting of a credit card account issued to the plaintiff.
Declaration by Credit Card Company Regarding Vendor’s Mailing of Card Agreement Insufficient to Enforce Arbitration Provision Against Cardholder, District Court Finds
A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No. 1:20-cv-02162-BAH, 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021). Plaintiff Charnita Proctor sued First Premier Corp. (FPC) for alleged violations of the Fair Credit Reporting Act (FCRA) in relation to its reporting of a credit card account issued to the plaintiff.
Dunning Letter Contents Viewable through Envelope Window Are Subject to FDCPA, Holds Sixth Circuit | JD Supra
In a new decision slated for publication, the Sixth Circuit weighed in on an issue under the Fair Debt Collection Practices Act (FDCPA): whether a “benign language” exception exists to a flat prohibition of substantive information appearing on an envelope containing a letter from a debt collector. The Sixth Circuit took a strict reading of the FDCPA, rejected the existence of an exception to the prohibition, and cleared a class action to proceed. In Donovan v.
Dunning Letter Contents Viewable through Envelope Window Are Subject to FDCPA, Holds Sixth Circuit
In a new decision slated for publication, the Sixth Circuit weighed in on an issue under the Fair Debt Collection Practices Act (FDCPA): whether a “benign language” exception exists to a flat prohibition of substantive information appearing on an envelope containing a letter from a debt collector. The Sixth Circuit took a strict reading of the FDCPA, rejected the existence of an exception to the prohibition, and cleared a class action to proceed. In Donovan v.
Court Rejects FDCPA Claims Based On Multiple Addresses, Validation Periods In Consecutive Collection Letters
United States: Court Rejects FDCPA Claims Based On Multiple Addresses, Validation Periods In Consecutive Collection Letters 01 December 2020 by Mark J. Windham and Alan Wingfield Troutman Pepper Hamilton Sanders Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In Paul v. Enhanced Recovery Company, the plaintiff received two letters from a debt collector concerning the same debt, about 40 days apart.
Court Rejects FDCPA Claims Based on Multiple Addresses, Validation Periods in Consecutive Collection Letters | JD Supra
In Paul v. Enhanced Recovery Company, the plaintiff received two letters from a debt collector concerning the same debt, about 40 days apart. The letters were identical, except for the dates and the amount of the settlement offers – the first contained an offer of $1,375.42, while the second offer was $1,277.17.
Dunning Letter With Zero Balance For Interest And Other Charges Not Misleading To Reasonable Unsophisticated Consumer Under The FDCPA, Holds Seventh Circuit - Finance and Banking - United States
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Eleventh Circuit Weighs In On FCRA
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Eleventh Circuit Weighs in on FCRA “Legitimate Business Purpose,” Affirms Dismissal in Favor of Defendant Who Accessed Credit Report to Verify Identity and Eligibility | LexBlog
In 2011 and 2013, Peri Domante’s personal information was stolen and fraudulently used to open two accounts with Dish Networks, LLC (“Dish”), a provider of television services. After being alerted to the fraud, Domante sued Dish for violation of the Fair Credit Reporting Act (“FCRA”). The parties settled the lawsuit. As part of the agreement, Dish promised to flag Domante’s Social Security number to preclude further unauthorized attempts to obtain Dish services.
Eleventh Circuit Weighs in on FCRA “Legitimate Business Purpose,” Affirms Dismissal in Favor of Defendant Who Accessed Credit Report to Verify Identity and Eligibility | Troutman Pepper - JDSupra
In 2011 and 2013, Peri Domante’s personal information was stolen and fraudulently used to open two accounts with Dish Networks, LLC (“Dish”), a provider of television services. After being alerted to the fraud, Domante sued Dish for violation of the Fair Credit Reporting Act (“FCRA”). The parties settled the lawsuit. A part of the agreement, Dish promised to flag Domante’s Social Security number to preclude further unauthorized attempts to obtain Dish services.
Debt Collector Cannot “Outsource” Statutory Duty to Avoid Errors under FDCPA, Ninth Circuit Holds. | JD Supra
The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.
Debt Collector Cannot “Outsource” Statutory Duty to Avoid Errors under FDCPA, Ninth Circuit Holds.
The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.
Addressing Servicer Liquidity Concerns, FHFA Announces 4-Month Advance Obligation Limit for Mortgage Loans in COVID-19 Forbearance
On April 21, the Federal Housing Finance Agency (“FHFA”) announced limits on servicer obligations to advance scheduled monthly principal and interest payments for single-family mortgage loans backed by Fannie Mae and Freddie Mac (the “Enterprises”). Once a servicer has advanced four months of missed payments on a loan, it will have no further obligation to advance scheduled payments.
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