Brit Suttell profiled in Creditor Collections Today
Barron & Newburger Blog » Consumer Law
by Stephen Sather
3y ago
Creditor Collections Today wrote a nice profile of BNPC attorney Brit Suttell. Highlights include how Brit grew up addressing green cards in her father’s law office and how she wooed her wife by catching and grilling a salmon. Read the profile at https://www.creditorcollectionstoday.com/edition/weekly-lender-loans-2021-03-06?open-article-id=15633807&article-title=getting-to-know-brit-suttell-of-barron—newburger&blog-domain=accountsrecovery.net&blog-title=account-recovery- Share List ..read more
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Supreme Court Rejects Discovery Rule in FDCPA Cases
Barron & Newburger Blog » Consumer Law
by Brit J. Suttell
4y ago
The United States Supreme Court has affirmed the Third Circuit Court of Appeals’ decision in Rotkiske v. Klemm, holding that Section 1692k(d) of the FDCPA “unambiguously sets the date of the violation as the event that starts the one-year limitations period.” The decision overrules cases from multiple circuits that have allowed application of the “discovery rule” in FDCPA cases. The underlying facts are fairly straightforward: Rotkiske sued Klemm (a law firm) under the FDCPA alleging that Klemm filed its debt collection lawsuit beyond the state’s statute of limitations.  Rotkiske claimed that ..read more
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Supreme Court Rules that an Ambiguous Agreement Cannot Be a Basis to Compel Class Arbitration
Barron & Newburger Blog » Consumer Law
by Manuel H. Newburger
4y ago
In Stolt-Nielsen S. A. v. Animal Feeds Int’l Corp., the Supreme Court held in 2010 that a court may not compel arbitration on a class-wide basis when an agreement is “silent” on the availability of class arbitration.  The court recognized in Stolt and later cases that  class arbitration fundamentally changes the nature of the “traditional individualized arbitration” envisioned by the Federal Arbitration Act, and that  “a party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so”. In Lamps Plus v. Va ..read more
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Supposed Rejection of Arbitration Clause is Rejected
Barron & Newburger Blog » Consumer Law
by Stephen Sather
4y ago
A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement.  In Mines v. Galaxy Int;l Purchasing, Mines filed a putative class action contending that Galaxy violated Section 1692g(a)(2) of the FDCPA by failing to identify the current owner of his debt in its collection letter.  Galaxy argued that Mines was subject to an arbitration agreement, and it moved to compel arbitration.  Mines made numerous sallies against the arbitration clause, including some arising out of his chapter 7 bankruptc ..read more
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Supreme Court Excludes Non-Judicial Foreclosure From FDCPA
Barron & Newburger Blog » Consumer Law
by Manuel H. Newburger
4y ago
On March 20, 2019, the United States Supreme Court issued its decision in Obduskey v. McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. Justice Breyer wrote for a unanimous court, with a concurring opinion by Justice Sotomayor. It is unclear what impact the decision on the debt collection and foreclosure industry beyond the limited facts of the case, but as in Henson v. Santander Consumer USA, Inc., the Court demonstrated the careful statutory a ..read more
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Second Circuit Rejects Alleged Duty to Itemize in an FDCPA validation Notice
Barron & Newburger Blog » Consumer Law
by Manuel H. Newburger
4y ago
In the latest decision on the adequacy of validation notices the Second Circuit Court of Appeals has rejected a plaintiff’s Argument that an FDCPA validation notice must itemize the component elements of the debt.  The court of appeals held that “a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies Section 1692g [of the FDCPA], notwithstanding its failure to inform the consumer of the debt’s constituent components or the precise rates by which it might later increase.” In Kolbasyuk v. Capital Mgmt. Servs., LP, the collection letter at i ..read more
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Sixth Circuit Decision Highlights the Risk of Initiating Collection Remedies During the FDCPA’s Validation Period
Barron & Newburger Blog » Consumer Law
by Manuel H. Newburger
4y ago
Section 1692g(a) of the FDCPA mandates the sending of a “validation” notice within five days of a debt collector’s initial communication with a consumer. Section 1692g(b) provides that if the consumer provides timely, written invocation of his or her rights, the debt collector must cease all of its collection efforts until it has complied with the Act by mailing to the consumer verification of the debt, a copy of a judgment, and/or the name and address of the original creditor, depending on which right has been invoked. Both the text of the FDCPA and the applicable case law make it clear that ..read more
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USAA Consent Order: The Criticality of Sensible Procedures
Barron & Newburger Blog » Consumer Law
by Brit J. Suttell
4y ago
Last week, the CFPB issued its first consent order of 2019 and the its first consent order under Director Kathleen L. Kraninger. The Consent Order is with USAA Federal Savings Bank dealing with violations of the Electronic Funds Transfer Act, 15 U.S.C. § 1693, et seq., its implementing regulation, Regulation E, 12 C.F.R. pt. 1005, and the Consumer Protection Act of 2010, 12 U.S.C. §§ 5531, 5536. As with most consent orders there was no admission of any wrong-doing by USAA. The violations stemming from the EFTA and Reg. E are surprising only because the failures cited by the CFPB appear to ..read more
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Credit Reporting: Need to do it right the first time every time
Barron & Newburger Blog » Consumer Law
by Thomas Good
4y ago
As with so many things in life, credit reporting is something that if done must be done precisely. Errors impact not only the credit reporting system and business decision making but it also impacts real people. A recent consent order pointed out how even innocent errors can harm individuals and violate the law. The use of the credit reporting system is vital in the consumer finance realm. The information obtained from credit reports is invaluable both in the extension of credit and the administration of credit. The collection process is assisted by creditors or collectors reporting the on ..read more
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Supreme Court to Consider Role of District Courts in Reviewing Agency Rules
Barron & Newburger Blog » Consumer Law
by Thomas Good
4y ago
Supreme Court to Consider Role of District Courts in Reviewing Agency Rules In granting certiorari in the case of Carlton & Harris v. PDR Network, LLC, the United States Supreme Court appears poised to guide district courts in their interpretation of administrative agency rules.  The facts of the case are straightforward.  Carlton & Harris, a chiropractor’s office in West Virginia, received a fax from PDR Network, LLC in 2013.  PDR published the Physician’s Desk Reference and the fax it sent to Carlton & Harris invited Carlton & Harris to reserve a free e-book version by visiti ..read more
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