In
Nyanhongo v. Credit Collections Servs., the Eastern District of Pennsylvania held that the display of “data symbols similar to a” quick response code (QR Code), without more, was insufficient to establish Article III standing.
In March 2020, Credit Collections Services mailed Tatenda Nyanhongo a collection letter. The outside of the envelope displayed the phrase “PERSONAL & CONFIDENTIAL” and data symbols, similar to a QR Code, on the letter were visible through a glassine window. Nyanhongo filed a class action alleging that hundreds of similar envelopes were mailed statewide in violation of Section 1692f(8) of the Fair Debt Collection Practices Act (FDCPA).
5 Ways Lawyers Can Help Car Accident Victims Friday, April 30, 2021
A car accident can leave you in a world of pain and confusion. Medical bills pile up on top of your normal expenses. You may be too injured to return to work for weeks or months and wondering how you’re ever going to get your life back on track.
For many, hiring a lawyer is the first step to getting back to normal. Your legal team can answer any questions you may have and give you guidance.
Protect You From Debt Collectors
After suffering injuries in a car crash, your top priority should be recovering. Your health is more important than your hospital bills. It’s understandable that you could fall behind on payments during this difficult time.
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On April 16, 2021, the Consumer Finance Protection Bureau (CFPB) issued an Interim Final Rule which, effective May 3, 2021, requires all “debtor collectors” pursuing an eviction to provide written notice to the tenant(s) of possible protections and rights provided by the CDC Eviction Moratorium.
“Debt collector” is defined in the Fair Debt Collection Practices Act as any person who regularly collects or attempts to collect debts owed or due or asserted to be owed or due to another. The term includes any creditor who, in the process of collecting his own debts, uses any name other than his own, which would indicate that a third person is collecting or attempting to collect such debts. While the Interim Final Rule does not impact communications from a landlord/owner, it does apply to all third parties, including attorneys, debt collection agencies and property managers who are not the owners of the properties th
First, on April 6
th the CFPB issued a consent order against Yorba Capital Management and the company’s former owner in his individual capacity for violating the Fair Debt Collection Practices Act (FDCPA). The CFPB states that the debt collection company mailed litigation notice letters to consumers, “threatening to file suit against a consumer if the consumer did not pay [the debt] amount indicated on the letter.” The letters also contained language that implied that legal action against consumers had already begun and listed several methods by which the company could collect on a judgement. The CFPB found that these practices violated the Consumer Financial Protection Act (CFPA) because the letters were deceptive because “the letters falsely represented that consumers would be sued and that there would be further legal action if the consumers did not pay the debt amount on the notices.”
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The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion holding that, when a debt collector sent a consumer’s information to a vendor responsible for creating a dunning letter, that action constituted a communication “in connection with the collection of any debt” under the federal Fair Debt Collection Practices Act (FDCPA) provision generally prohibiting communicating consumers’ personal information to third parties. Such an action thereby created a “concrete injury” giving the consumer necessary “standing” under Article III of the U.S. Constitution to sue the debt collector for damages.