TCPA

Bankruptcy News Briefs 12/21

nacbapicture

Incorrect 1099-A Form Not Objectively Coercive

Consumer Advisory: Delays & Risks Await Many Taxpayers

The Tragic Downfall of the Consumer Financial Protection Bureau

Proposed CFPB Regulations Seek to Expand Agency’s Disclosure Opportunities

Decision of U.S. Appeals Court and Election of Donald Trump Could Spell Doom for Power of CFPB

Consumer Spending Grows at Healthy Pace in Third Quarter

Debt collection practices lawsuit against Ohio law firm headed to Third Circuit

Consumer alleges debt collector damaged credit rating on paid debt

How to Eliminate IRS Tax Debt in Arizona

Amendments to California PACE Financing Statutes Become Effective January, 1 2017

Upcoming NACBA Events

nacba25

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more!

Register today for the Early Bird Rate that ends March 3rd, 2017 for savings! You can also receive $100.00 discount on registration when you support the #NCBRC. Offer Ends 12/31.

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 12/16

nacbapicture

FCC Chairman to Step Down; Could Lead to Reversal of TCPA Ruling

Massachusetts Proposes New Rules for Collection Litigation on Credit Card Debt

Judge Grants Collection Agency’s Motion For Summary Judgment in FDCPA Bona Fide Error Case

Colleges are still cutting deals with Wall Street to peddle debit cards to students

CFPB Debuts Consumer Credit Card Risk Management Tool

6 charged in debt collection fraud scheme

Houston consumer alleges debt collector broke law

Household debt rises as the cost of living climbs faster than incomes

Changes to Bankruptcy Rule 3002.1 Affect Mortgage Lenders

Which States Have the Highest Number of Foreclosure Filings?

New York: Stopping Foreclosure Rescue Scams in Their Tracks

Upcoming NACBA Events

nacba25

Registration is Open for NACBA25!

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more!

Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

2016 Virtual Bankruptcy Workshop

teleconf

There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop Today from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th as well as today if you have a schedule conflict.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs 12/15

nacbapicture

Consumer Credit Delinquency Rates Expected to Rise in 2017

Judge Denies Prevailing Party’s Motion For Attorneys’ Fees in FDCPA Case

The CFPB’s Final Servicing Rule Is Still Unclear

When Banks Market To Colleges, Students Lose, Says CFPB

Madoff Victims Poised to Start 2017 With $342 Million in Payouts

36-Month Rule for Reporting Discharges of Indebtedness Is Repealed

TCPA Lawsuit Surges Ahead, Even Though Plaintiff Deleted Text Messages

Upcoming NACBA Events

nacba25

Registration is Open for NACBA25!

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more!

Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

 

2016 Virtual Bankruptcy Workshop

teleconf

There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

 

Bankruptcy News Briefs 12/14

Midweek Headlines…

nacbapicture

From the Web: FCC Commissioners Address Process Reform, Leadership and Transparency

Discriminatory Treatment of Student Loan Debt Not Unfair

New Student Loan Rehab Portal from BillingTree Assists Agencies and Consumers

The CFPB Should Not Single-Out Collectors for Non-English Disclosure Requirements

Mo. Federal Judge Rules Hospital Not Liable for Potential TCPA Claims Based on Acts of Third Party Agency

Congressman Jeb Hensarling, a Prominent CFPB Foe, Re-Elected as House Financial Services Chairman

Rising concern about credit card debt

CFPB Ombudsman’s Office Releases FY2016 Annual Report

Yellowstone and the Barton Doctrine in the Third Circuit

New Forms May Alleviate Some Concerns About Massachusetts Notarizations

Trump Administration Gears Up for Financial Services Changes

Household Debt Nears Pre-Recession Levels, Study Shows

Proposed Amendments To The Bankruptcy Code Could Adversely Affect Student Loan Securitizations

Upcoming NACBA Events

nacba25

Registration is Open for NACBA25!

Join us in celebrating 25 years of NACBA on May 4th-7th in Orlando, Florida at the Walt Disney World Swan and Dolphin Resort. Visit NACBA25 for all the details on speakers, sessions, hotel reservations, registration and more!

Register today for the Early Bird Rate that ends March 3rd, 2017 for savings!

Jump start by registering for tomorrow’s Webinar!

NACBA Webinars Web Banner (1)

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

2016 Virtual Bankruptcy Workshop

teleconf

There’s still time to Register for the second session of the 2016 Virtual Bankruptcy Workshop on Friday, December 16th from 12:00 PM-3:00 PM. If you register you can request access to the session one recording from Friday, December 9th.

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

Renew Your NACBA Membership

We want you to have access and the member rate to all of NACBA’s exciting upcoming events in 2017, especially our 25 year celebration at the Annual Convention. Take a moment today to Renew your membership or if your not a member of NACBA there is no better time to Join!

Bankruptcy News Briefs

nacbapicture

Study: American Household Credit Card Debt Reaches Record Amount

Consumer Borrowing Rates Slow in October

CFPB Takes Action Against Reverse Mortgagees

Attorney Collecting Debt For A Debt Collector May Not Rely On Client’s Validation Notice

Post-Spokeo Standing and Fair Debt Collection Practices Act

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

2016 Virtual Bankruptcy Workshop Session Highlight

2016-virtual

Friday, December 9th

2:30 PM – 3:30 PM ET

Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits!

Presented by: Cary Flitter, Esq.

Consumer law violations are common problems for debtors and can be filed in bankruptcy court or district court. Most provide statutory attorney fees. Philadelphia consumer lawyer Cary Flitter will help you to triage your cases.

About Our Presenter:

avatar for Cary Flitter

Cary L. Flitter

Cary L. Flitter practices consumer law with Flitter Milz, P.C. located in suburban Philadelphia and New Jersey. Cary serves on the adjunct faculty at Temple University Beasley School of Law in Philadelphia and Widener University School of Law in Wilmington, Delaware, where he teaches Consumer Law and Litigation including Fair Credit Reporting, Fair Debt Collection, and class action. He has guest lectured on consumer law issues at Harvard Law School, The University of Pennsylvania Law School, and other venues. Flitter is a contributing author to Pennsylvania Consumer Law by Bisel Publishing Co. This is the leading treatise in Pennsylvania on consumer law. He is also a contributor to Consumer Class Actions 5th Ed. by the National Consumer Law Center. Cary was invited by the Federal Trade Commission to participate in workshops on Collection of Consumer Debt. Cary’s consumer cases in the Court of Appeals include Brown v. Card Service Center, 464 F.3d 450 (3d Cir. 2006) (seminal circuit case on deception under FDCPA); Rosenau v. Unifund, 539 F.3d 218 (3d Cir. 2008) (successful challenge to phony “legal department” in dunning letter); Cappuccio v. Prime Capital, 549 F.3d 180 (3d Cir. 2011) (first impression holding that borrower’s testimony alone may be sufficient to rebut presumption of receipt of TILA disclosures); Gager v. Dell Fin. Serv., LLC, 727 F.3d 265 (3d Cir. 2013) (holding, in first impression, that consent to receive cellphone calls is revocable under Telephone Consumer Protection Act) and Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014) (holding, in first impression, that placing the consumer’s account number on collection envelope violates privacy provisions of FDCPA) Cary is the recipient of multiple pro bono awards for his work on behalf of low-income consumers and serves as the 2016 Co-Chair of the Federal Courts committee of the Montgomery (County, Pa.) Bar Association.

Register Today!

Bankruptcy News Briefs 12/8

nacbapicture

Breaking News: Second Circuit Court of Appeals Denies Request for Interlocutory Appeal in FDCPA Voice Message Case

Group of 10 Consumer Advocates File Amicus Brief in Case on Constitutionality of CFPB

2nd Cir. Rules Successful Offer of Judgment Mooted TCPA Putative Class Action

Fasten Your Seatbelts For The Case Of This Mafia-Style Consumer Litigation Operation

TCPA Case Allowed to Proceed, But Not as Class Action

FCC Denies MBA’s Petition to Exempt ‘Servicing Calls’ from TCPA

Federal Judge Determines That 18 Calls Over Two-Week Period Does Not Violate FDCPA

CFPB Projects “Prerule” Activities for the Debt Collection Rulemaking to Continue Through February 2017

Nevada Personal Injury Exemption Applies on a Per-Claim Basis

CFPB fines three reverse mortgage lenders over deceptive advertising

CFPB on Collision Course with Trump’s Justice Department

New Jersey Will Forgive Student-Loan Debt of Dead Borrowers

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 12/5

nacbapicture

Credit Cards, Auto and Student Loans Cause ‘Modest’ Increase in Household Debt

NACBA Takes On 11th Circuit Judicial Estoppel Doctrine

Consumer and Small Business Advocates Oppose OCC’s Plan to Offer Fintech Lending Charters

Advocates Applaud Bill to Give Fake Account Victims Their Day in Court

CFPB Issues Fact Sheet on Prepaid Card Rule Effective Dates

Reporting Medical Debt, Consumer Driven Health Plans and more in December Pulse

Class-action lawsuit against Nebraska debt collector settled for $198K

Ninth Circuit finds foreclosure trustee isn’t debt collector under federal law

What’s In A Barcode?: District Court In Eleventh Circuit Adopts Benign Language Exception For Debtor’s Account Number

FCC Reiterates Its Position that Robotexts are Subject to TCPA

Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission

Bankruptcy When You Are on Disability

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Long Anticipated Bankruptcy Law Goes Into Effect

Upcoming NACBA Events

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

 

Bankruptcy News Briefs 11/29

nacbapicture

9th Cir. Holds Debtor’s Acknowledgement of Debt Does Not Excuse Untimely Proof of Claim

Attorney “On Retainer” for Collection Agency Must Provide his Own Validation Notice When Contacting a Consumer

PHH handed next move in battle with CFPB

CFPB Warns Banks About Risks of Sales Incentives

Court Rightly Set Four-Year Limit on Collection Cases

Bankruptcy May Improve Your Credit Score!

Black Friday and Bankruptcy

Avoiding a Lien Requires that the Lien Exist

Housing Market Health Exemplified by Low Foreclosures and Delinquencies

Maryland’s Misguided Foray Into Student Loan Forgiveness

Upcoming NACBA Events

So you missed the NACBA Cruise?
So did we but here is your chance to catch up!

2016 VIRTUAL BANKRUPTCY WORKSHOP

A two (2) day overview of cutting edge consumer bankruptcy education in a virtual format presented by some of the top bankruptcy experts in the United States.

DATES: Friday, December 9, 2016 & Friday, December 16, 2016

TIMES:
Friday, December 9: 12:00 PM – 3:30 PM EASTERN and
Friday, December 16: 12:00 PM – 3:00 PM EASTERN

Schedule conflict? No worries at all.
Register by 12/8/16 and the recordings will be emailed to you upon request.


COST:
$99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

REGISTER HERE

NACBA Webinars Web Banner (1)

Give yourself a gift and register for December’s Webinar!

Growing Your Bankruptcy Practice in 2017 and Beyond

Date: Wednesday, December 14, 2016
Time: 3:00 PM Eastern / 12:00 PM Pacific (60 minutes)
Presenter: Richard James, CEO, Office of Richard James
Cost: No Cost to NACBA Members – Member Benefit

Register HERE

If you want to build a law firm that supports your lifestyle, instead of undermining it, then join Richard James on Wednesday, December 14th at 3 PM ET. If you want 2017 to be the year that you finally build the law firm of your dreams, then you have to be on this webinar training. Learn the key strategies that hundreds of Richard James’ clients are using to grow like never before. This is real world, in the trenches advice you can put to practice right away.

Celebrate 25 Years of NACBA!

Save the Date for NACBA’s Silver Anniversary Annual Convention

2017 NACBA’s 25th Annual Convention
Thursday, May 4’th – Sunday, May 7’th, 2017
Orlando, Florida

Interested in Sponsorship Opportunities at #NACBA25? Check out the Prospectus and join us in 2017!

JOIN NACBA TODAY

Become a member of NACBA! Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

 

NACBA at Sea; Now on Land With NACBA’s 2016 Virtual Workshop!

So you missed the NACBA Cruise? So did we but here is your chance to catch up!

JOIN US FOR NACBA’s 2016 VIRTUAL WORKSHOP

teleconf

NACBA is excited to announce our 2016 Virtual Workshop! Register for two days of informative sessions from the comfort of your office, home, or wherever is convenient for you! On Friday, December 9th and Friday, December 16th from 12:00-3:00 PM ET you’ll have the opportunity to listen to the experts discuss these hot topics:

  • The Cutting Edge: Hot Topics and Cool Trends Presented by: Tara Twomey, Esq.
  • Even Cruisers Have Fears: Getting Over Your Triskaidekaphobia! Straight talk about Chapter 13 Presented by: Hank Hildebrand Esq. & John Rao, Esq.
  • Dry Docking Aggressive Trustees: Getting the Overreaching Chapter 7 Trustee Out of the Water and on to the Shore! Presented by: Richard H. Nemeth, Esq. & Paul Maschmeyer Esq.
  • Find a Treasure Trove of Consumer Law Violations in your Bankruptcy Treasure Chest: Fair Debt, Credit Reporting, Telephone Consumer Protection Act. Booty awaits! Presented by: Cary Flitter, Esq.
  • Sailing the Supreme Court Seas: The Top Supreme Court Consumer Bankruptcy Decisions
    Presented by: Tara Twomey, Esq. & Henry Sommer, Esq
  • Anchoring your Divorce and Bankruptcy Practice: There’s a Hole in My Boat! The Stay Doesn’t Stay Everything Presented by: Hon. Sandy Karlan (Ret.) & Ian Falcone Esq.
  • Chasing the Elusive White Whale:Harpooning the Current Mortgage Issues You Have to Know Presented by: Max Gardner, Esq. & John Rao, Esq.

Give yourself a gift this December and Register Today!

Here are the details:

COST: $99 NACBA Members, $199 Non Members

INCLUDES:
All Materials, Certificate of Attendance, Seminar Recordings, Live Q&A

2 BONUSES: 1) The first 100 people to register will receive, at no additional cost, a copy of NCLC’s  Quick Guide to Federal Evidence and Objections 2) All attendees will be registered for a chance at winning 1 of 10 NCLC Consumer Bankruptcy Law & Practice 2016 Eleventh Edition.

REGISTER TODAY!

LEARN MORE