Consumer Defense

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

While most are still recovering from the 11/10/21 Reg. F deadline and the time, effort and expense of gearing up, we all believed that once the work was done, we would have clear rules and a “safe harbor” that would result in fewer silly lawsuits – especially with the Model Notice. Wrong!

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March 1, 2023

Consumer Defense

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

What happens when a debt collector sends a letter to a lawyer on behalf of that lawyer’s debtor-client, and the letter potentially violates the FDCPA? According to one court in New York, nothing.

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February 22, 2023

Consumer Defense

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

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January 31, 2023

Consumer Defense

Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice

In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

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October 25, 2022

Consumer Defense

Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number

Is this the new Hunstein, where a widely used practice generally accepted as compliant suddenly becomes a risk?

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September 27, 2022

Consumer Defense

The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead

Weighing in at 83 pages, including separate majority, concurring and dissenting opinions, the decision was made.

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September 9, 2022

Consumer Defense

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice

Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number

The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead

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