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By Ed Boltz, 13 April, 2021

W.D.N.C: Carter v. Capital One- Complying with IRS Levy is not Debt Collection

Summary:

Ms. Carter brought suit against her bank, Capital One, for complying with an IRS levy by taking $1,279.41 from her account, arguing that Capital One had violated the FDCPA. Finding that "an obligation to pay that 'arises solely by operation of law' is not a debt covered by the FDCPA" the district court dismissed the case.

Commentary:

By Ed Boltz, 31 March, 2021

Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah, Portraits of Consumer Bankruptcy Filers in the United States (March 18, 2021). Georgia Law Review, Vol. 56, Forthcoming.

Abstract:

By Ed Boltz, 12 July, 2019

Law Review: Cheng, Ing-Haw and Severino, Felipe and Townsend, Richard- How Do Consumers Fare When Dealing with Debt Collectors? Evidence from Out-of-Court Settlements

Abstract:

By Ed Boltz, 12 February, 2019

Law Review- Sovern, Jeff and Walton, Kate and Frishberg, Nathan: Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices

Abstract:  

The federal Fair Debt Collection Practices Act obliges debt collectors to provide certain notices to consumers from whom they are attempting to collect debts. This article is the authors’ second to report findings from the first academic study of consumer understanding of one of those notices, commonly called the validation notice or “g notice.” The authors showed consumers different versions of collection letters and then asked questions to measure their understanding of the notices.

By Ed Boltz, 27 January, 2015

Law Review: Jiménez, Dalié- Dirty Debts Sold Dirt Cheap

Debt Buyer keeps naggin' at you night and day Enough to drive you nuts Pick up the phone, leave me alone It's time you made a stand. Paraphrase of AC/DC- Dirty Deeds Done Dirt Cheap Abstract: More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem.
By Ed Boltz, 27 January, 2015

4th Circuit: Powell v. Palisades Acquisition- Assignment of Judgment was an Action in Connection with the Collection of a Debt

Summary: Ms. Powell incurred a credit card debt original with Direct Merchants. After losing her job, she fell into default and Platinum Financial, the assignee of the debt, obtained a judgment against Ms. Powell. Several years later, Platinum Financial sold the debt to Palisades Acquisition, whose attorney filed an Assignment of Judgment that erroneously stated the outstanding balance owed. Ms.
By Ed Boltz, 6 August, 2014

Urban Institute Studies: Debt in America and Delinquent Debt in America

Debt in America Abstract: Debt can be constructive, allowing people to build equity in homes or finance education, but it can also burden families into the future. Total debt is driven by mortgage debt; both are highly concentrated in high-cost housing markets, mostly along the coasts. Among Americans with a credit file, average total debt was $53,850 in 2013, but was substantially higher for people with a mortgage ($209,768) than people without a mortgage ($11,592). Non-mortgage debt, in contrast, is more spatially dispersed.
By Ed Boltz, 15 July, 2014

4th Circuit: Olson v. Midland Funding- FDCPA Statute of Limitations, Non-collection Notices, and Unsucessful Debt Collection Suits

Olson raised FDCPA claims in federal court against Midland, which had brought a debt collection action in state court. These claims were asserted within a year of when Olson first appeared in the state court debt collection action, but more than a year after the alleged violations.
By Ed Boltz, 3 June, 2014

4th Circuit: Fontell v. Hassett- FDCPA and Homeowner’s Associations

Summary: Fontell brought suit against her Homeowner’s Association (“HOA”)alleging violation of the FDCPA, the Maryland Consumer Debt Collection Act (“MCDCA”) and the Maryland Consumer Protection Act (“MCPA”). When the district court did not grant her summary judgment on these claims, she appealled. The Court of Appeals held that her assertion that the HOA violated the MCDCA by untimely bringing suit against her was not supported by evidence sufficient as a matter of law to grant summary judgment under Rule 56(a).
By Ed Boltz, 6 February, 2013

N.C. Court of Appeals: Saddler v. Scott Lowery Law Office- Attorney Not Subject to FDCPA or NC Collection Agency Act

Summary: Shortly before their divorce, the Plaintiff’s then wife obtained a credit card in his name, without his knowledge. Several years later, the Plaintiff discovered the credit card on his credit report and also began to receive collection letters and calls. These ceased until there was renewed collection activity (which is not described in the opinion) starting in January 2011, in response to which the Plaintiff retained counsel to demand verification of the debt.

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