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Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • September 19 2017

On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been

U.S. Supreme Court Grants Certiorari to Decide Circuit Split on Applicable Law for the Recharacterization of Debt
  • Kane Russell Coleman Logan PC
  • USA
  • August 3 2017

The United States Supreme Court will soon decide whether state or federal law will apply to the recharacterization of debt. On June 27, 2017, the

Supreme Court Narrows FDCPA’s Definition of Debt Collector
  • Davis Wright Tremaine LLP
  • USA
  • June 27 2017

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme

Supreme Court: FDCPA Doesn’t Cover Owned Debt
  • Manatt Phelps & Phillips LLP
  • USA
  • June 22 2017

A bank or other person may collect debts that it purchased for its own account without triggering the statutory requirements of the Fair Debt

Fair Debt Collection and Buyers of Loans: Supreme Court Provides Comfort to Parties that Acquire Loans and Then Seek to Collect
  • Barnes & Thornburg LLP
  • USA
  • June 16 2017

The U.S. Supreme Court resolved a circuit split in Henson v. Santander Consumer USA Inc., delivering some clarity on when the Fair Debt Collection

Labor Department Withdraws 2015-16 Joint Employment, Independent Contractor Guidance
  • Baker & Hostetler LLP
  • USA
  • June 7 2017

Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some

Supreme Court Hears Oral Argument In Significant FDCPA Case
  • Baker & Hostetler LLP
  • USA
  • April 27 2017

This month, the Supreme Court heard oral argument in a case with potential to affect companies that purchase consumer debt and then collect it for

Law Firm's Garnishment Activities Do Not Violate FDCPA
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • December 21 2016

Courts have long debated the extent to which a debt collection attorney’s representations to opposing counsel or the court during the course of

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA
  • Burr & Forman LLP
  • USA
  • August 30 2016

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that

4th Cir. Holds Time-Barred Proof of Claim Does Not Violate FDCPA
  • Maurice Wutscher LLP
  • USA
  • August 30 2016

In a split decision, the U.S. Court of Appeals for the Fourth Circuit recently held that “filing a proof of claim in a Chapter 13 bankruptcy based on