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Fair Debt Collection Practices Act (FDCPA)

CFPB Publishes Fall 2022 Supervisory Highlights

December 1, 2022 By Anoush Garakani and Aileen Ng

A&B ABstract: On November 16, 2022, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released its Fall 2022 Supervisory Highlights (Issue 28) (the “Supervisory Highlights”), which, among other things, announces the creation of a Repeat Offender Unit and highlights supervisory observations from examinations conducted by the Bureau in the first half of 2022.  Below we […]

Filed Under: CARES Act, Consumer Financial Protection Bureau (CFPB), COVID-19, Debt Collection, Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Forbearance, Mortgage Loans, Mortgage Servicing, Real Estate Settlement Procedures Act (RESPA), Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, #debtcollection, #FCRA, #mortgageservicing, CARES Act, Covid-19, Forbearance, Mortgage Servicing, Servicing

Eleventh Circuit Finds Monthly Mortgage Statement Containing Boilerplate “This Is An Attempt To Collect A Debt” Language Constitutes A Communication “In Connection With The Collection of A Debt” Under The FDCPA

July 7, 2022 By Chris Riley

A&B Abstract: In Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022) a panel of the Eleventh Circuit addressed the question “whether a required monthly mortgage statement that generally complies with the TILA and its regulations can plausibly be a communication ‘in connection with the collection of a […]

Filed Under: Debt Collection, Fair Debt Collection Practices Act (FDCPA), Mortgage Loans Tagged With: #FDCPA

Maryland Regulator Puts Lenders and Servicers on Notice Regarding the Assessment of So-Called “Convenience Fees”

June 8, 2022 By Anoush Garakani and Nanci Weissgold

A&B Abstract: On May 12, 2022, the Maryland Office of the Commissioner of Financial Regulation (the “OCFR”) issued an Industry Advisory (the “Advisory”) “put[ting] [the] industry on notice” of the recent decision issued by the 4th Circuit Court of Appeals in Ashly Alexander, et. al. v. Carrington Mortgage Services, LLC.  The Advisory directs lenders and […]

Filed Under: Debt Collection, Fair Debt Collection Practices Act (FDCPA), Mortgage Servicing, State Law Tagged With: #debtcollection, #FDCPA, Debt Collection, Mortgage Servicing, Regulation F, Servicing

Fourth Circuit Rules That a Mortgage Servicer Can Be Liable for FDCPA Violations Even if Not Subject to the FDCPA

February 24, 2022 By Josh Dhyani

A&B ABstract: Putative class action plaintiffs recently prevailed on appeal in a case involving mortgage servicing fees charged to Maryland borrowers. In doing so, the opinion opens the door for FDCPA liability for all mortgage servicing activity and other collection activity in Maryland, even if such activity is otherwise exempt from FDCPA liability. The Maryland […]

Filed Under: Circuit Court Decisions, Debt Collection, Fair Debt Collection Practices Act (FDCPA), Mortgage Servicing, State Law Tagged With: #FDCPA, #mortgageservicing

The Hunstein Case: Upending Servicing and Debt Collection?

May 14, 2021 By Nanci Weissgold and Anoush Garakani

A&B Abstract: The U.S. Court of Appeals for the Eleventh Circuit, covering Alabama, Florida, and Georgia, recently decided in Hunstein v. Preferred Collection and Management, Inc., that a debt collector’s communication with its third-party vendor violated section 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”), which prohibits a debt collector for communicating, in connection […]

Filed Under: Circuit Court Decisions, Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank Act, Fair Debt Collection Practices Act (FDCPA), Federal Trade Commission (FTC), Mortgage Servicing Tagged With: #CFPB, #debtcollection, #FDCPA, Case law, Debt Collection, Eleventh Circuit, Mortgage Servicing

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