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Summons Not a Communication, Answer Deadline Does Not Overshadow Validation Rights According to Nevada Federal Court

In debt collection, the consumer’s Fair Debt Collection Practices Act (FDCPA) validation rights, as spelled out in section 1692g, are all but sacred. Whether a debt collector’s communications overshadow the consumer’s 30-day window to dispute the validity of a debt remains a hot-button issue. In Arellano v. Clark County Collection Service, LLC and Borg Law Group, LLC, No. 2:15-cv-01424 (D. Nev. Aug. 28, 2018), the District of Nevada recently reviewed whether information in a court summons can overshadow the 1692g validation rights. 

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A One-of-a-Kind Conference for Women in Consumer Finance

December 10-12. It's 1.5 days packed full of idea-sharing, networking, and problem-solving. Come and learn alongside your peers, and leave with new tools and contacts that will advance your career. Learn more about the conference here.

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8th Circuit: Notice of Garnishment, Consumer-Initiated Inquiry After Cease Communication Request Not FDCPA Violation

In Scheffler v. Gurstel Chargo, P.A., No. 17-2141 (8th Cir. Aug. 27, 2018), the Eighth Circuit Court of Appeals reviewed what communications the Fair Debt Collection Practices Act (FDCPA) permits after the consumer submits a cease communication request to the debt collector. Ultimately, the Eighth Circuit decided that neither a notice of garnishment with a cover letter nor a response to a consumer-initiated inquiry violate the FDCPA even if they occured after the cease communication request.

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Women in Consumer Finance Conference

10 December 2018 at 06:00 p.m.

Sharpen your leadership skills, expand your professional network and help improve your workplace culture when you attend Women in Consumer Finance 2018 – a conference and networking event for ALL women in consumer finance.

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