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On May 3, 2021, Consumer Financial Protection Bureau s (CFPB) Acting Director Dave Uejio and the Federal Trade Commission s (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country s largest landlords reminding them of the federal protections designed to prevent residential evictions during the pandemic. These include the Centers for Disease Control and Prevention (CDC) extension of its eviction moratorium until June 30, 2021 (see our separate alert
here on the current status of the moratorium), and the CFPB s interim final rule in support of the CDC moratorium establishing new notice requirements under the Fair Debt Collection Practices Act (FDCPA).
A federal judge for the District of Columbia issued a
decision on May 5 striking down the Centers for Disease Control and Prevention s (CDC) nationwide eviction moratorium. The order was issued in a lawsuit brought by a coalition of property owners and realtors late last year,
Alabama Association of Realtors, et al. v. United States Department Of Health And Human Services, et al., U.S. District Court, District of Columbia No. 1:20-cv-03377-DLF.
The CDC
moratorium, now voided nationwide, went into effect on September 4, 2020 and, earlier this year, the CDC
extended its expiration date to June 30, 2021. The CDC moratorium declared a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person. To qualify for protection under the moratorium, a tenant was required to submit a declaration to their landlord affirming, among other things, they (1) expect to earn less than $99,000 in annu
Court Finds FDCPA SOL Accrues on Date Debt is Reported to CRA; FCRA Does Not Require Adherence to Metro 2 Guidelines Published on: 6 May 2021 at 10:00 a.m. ET May 6, 2021, 10 a.m. May 6, 2021, 10:19 a.m. insideARM.com The iA Institute
http://www.insidearm.com/news/00047332-court-finds-fdcpa-sol-accrues-date-debt-r/
In these chaotic days for the accounts receivable industry, it’s important to take note of good news coming from court decisions. So, here’s today’s bit of good news: on April 28, 2021, in the case of
Davenport v. Capio Partners, Case No. 20-cv-01700 (M.D. Pa. 2021), a district court granted the debt collectors motion to dismiss finding that (1) failing to follow Metro 2 guidelines is not actionable under the Fair Credit Reporting Act (FCRA); and (2) a Fair Debt Collection Practices Act (FDCPA) violation related to credit reporting accrues at the time the debt is reported.
Just before the COVID pandemic hit, News10NBC did a series of stories on law firms and nursing homes suing friends, relatives and neighbors of nursing home residents for nursing home debts.
Three Ways the Legislature Has Redefined Consumer Litigation in West Virginia -
The regular legislative session recently ended in West Virginia, and once again our Legislature has amended the West Virginia Consumer Credit and Protection Act, one of the primary statutes under which consumers sue creditors, collectors, and others.
For years, the Act stood substantially in its original form since its 1974 passage. From the late 1990s through 2015, consumers filed numerous lawsuits under the Act. Its statute of limitations provision (in some instances stretching as much as 31 years) and its penalty provision (as much as $4,800 per violation) made it a favorite among consumer attorneys. Consumers traditionally have filed suit under the Act in West Virginia far more often than they ever filed suit under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, or other federal statutes.