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Category: SchnaderFSB, The Financial Services Blog

Third Circuit: Warning Debtor that Discharge of Debt May Be Reported to IRS Can Violate the FDCPA

On September 25, 2018 by Schnader in schnaderfsb.com

By Stephen J. Shapiro The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” In Schultz v. Midland Credit Management, Inc., the Third Circuit held that language debt collectors occasionally include in form dunning […]

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Call Me by Your Name – Or Risk an FDCPA Claim, Says Third Circuit

On August 24, 2018 by Schnader in schnaderfsb.com

By Stephen J Shapiro What’s in a name? For debt collectors, the answer potentially is years of litigation according to the Third Circuit’s recent opinion in Levins v. Healthcare Revenue Recovery Group LLC. In Levins, Healthcare Revenue Recovery Group LLC (HRRG), a debt collector, attempted to collect a debt from the plaintiff debtors. […]

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CA Supreme Court: Interest rates on consumer loans in excess of $2,500 can be challenged as unconscionable under California law

On August 17, 2018 by Schnader in Litigation

By Vikram Subramanian In De La Torre et al. v. Cashcall, Inc. the California Supreme Court recently held that, although California’s Financial Code only imposes interest rate caps on consumer loans for less than $2,500, consumers who borrow more than $2,500 still may challenge as unconscionable the interest rate on those loans.     The […]

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Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.

On August 14, 2018 by Schnader in schnaderfsb.com

By Stephen J Shapiro In order to pursue its Congressional mandate to enforce Federal consumer financial laws, the Consumer Financial Protection Bureau (CFPB) may compel the production of documents or testimony by issuing a civil investigative demand (CID) to anyone the CFPB believes has information relevant to a violation of those […]

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