Publications
2010
TALES FROM THE FRONTLINE:
FINDING THE SILVER LINING IN JERMAN
By Mark E. Ellis
Jerman v. Carlisle is only the second case decided by the United States Supreme Court to analyze the text and legislative history of the FDCPA.
TALES FROM THE FRONTLINE. . .
ALRIGHT, YOU’VE BEEN SUED,
NOW WHAT DO YOU DO? (Reprise)
By Mark E. Ellis
A litigation guide for collection agencies whom, odds say, will someday be sued for violating the Fair Debt Collection Practices Act (FDCPA), or some other similar law, such as California’s Rosenthal FDCPA.
THE CURRENT STATUS OF FURNISHER OBLIGATIONS AND LIABILITY UNDER THE FCRA (AND CCRAA)
By Mark E. Ellis
Three 2009 decisions have changed, clarified, or muddied (depending on your point of view) the legal landscape in California as to the legal obligations of those who furnish credit-related information on consumers to credit reporting agencies.
2009 YEAR IN REVIEW: THE ROSENTHAL FDCPA
By June Coleman
The year 2009 saw more than 100 cases published in some fashion that referenced and interpreted the Rosenthal FDCPA. This article analyzes trends arising from these court decisions.
2009
THE ABC'S OF THE TCPA: PART 1
By Mark E. Ellis
This is the first of a two-part article that discusses the salient points of the TCPA and key legal issues commonly being litigated in 2009. In Part 1, Mr. Ellis reviews the legislative history of the TCPA.
THE ABC'S OF THE TCPA: PART 2
By Mark E. Ellis
In this article, Mr. Ellis discusses what is necessary for an individual to obtain damages under the TCPA, as well as the defenses that exist to such claims, including the defense of consent.
HEIGHTENED PLAUSIBILITY PLEADING STANDARD DOES NOT LEAD TO DISMISSAL OF RECENT DISTRICT OF MASSACHUSETTS CASE
By June D. Coleman
The District of Massachusetts is the most recent federal court to examine the sufficiency of pleadings in a Fair Debt Collection Practices Act (FDCPA) case (Krasnor v. Spaulding Law Office).
NO NEED TO SET FORTH ALL COMPONENTS
THAT CONSTITUTE
AMOUNT OF
DEBT
IN INITIAL 1692g LETTER
By June D. Coleman
Hutton v. Offices of Collin & Lamore clarifies the FDCPA obligation to set forth the debt amount in the initial letter sent by a debt collector.
NINTH CIRCUIT ADDRESSES DISCOVERY RULE FOR FDCPA CLAIMS
By June D. Coleman
In Mangum v. Action Collection Service, Inc., the Ninth Circuit addressed whether the statute of limitations begins to run upon discovery of an alleged violation or when the alleged violation was purportedly committed.
ROSENTHAL FDCPA: 2008 IN REVIEW
By June D. Coleman
One of the biggest trends regarding the Rosenthal FDCPA is an increase in lawsuits that have no merit, especially in the context of home loans and foreclosure efforts.
2008
LIZARDS CAN HELP YOU
TAKE ON THE ECONOMY
By June D. Coleman
June Coleman, who was a commercial collector before entering the practice of law, discusses how building a positive relationship with debtors can yield returns for collectors.
LIFE AFTER PINTOS
By Mark E. Ellis
Though the decision of Pintos v. Pacific Creditors Association seriously affects the collection and credit reporting industries, the decision does not warrant the near hysteria it has caused in certain quarters. Moreover, we believe the decision is wrong and deserves a complete Ninth Circuit review.
ROSENTHAL FDCPA: 2007 IN REVIEW
By June D. Coleman
This article discusses 2007 trends in the judicial interpretation of California’s Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA).
2007
IS YOUR ATTORNEY MEANINGFULLY INVOLVED IN YOUR COLLECTION PROCESS?
By Mark E. Ellis and June D. Coleman
Is an agency’s use of an attorney’s name on (or in) collection demands legal under the Fair Debt Collection Practices Act? The answer depends on whether the attorney whose letterhead is being used is actually and “meaningfully” involved in the collection process.
ROSENTHAL FDCPA: 2006 IN REVIEW
By Mark E. Ellis and June D. Coleman
An increase in Rosenthal FDCPA claims has led to more court decisions in 2006 interpreting the Rosenthal FDCPA. This article reviews some of the issues that we see evolving in our defense of collectors.
NARROWING CLASS DEFINITION: QUESTIONABLE CONDUCT LINKED TO FDCPA
By June D. Coleman
In Guevarra v. Progressive Financial Services, Inc., the court characterized the narrowing of class definition in class actions as ‘ethically questionable behavior,” albeit linked it to language prescribing statutory damages contained in the Fair Debt Collection Practices Act (FDCPA).
2006
FROM THE FRONTLINE
By Mark E. Ellis
The best way collection agencies can position themselves to defend against – and, more importantly, avoid -- litigation is to set up practices and procedures that are designed to prove compliance with the law.
THE ROSENTHAL FDCPA
By Mark E. Ellis and June D. Coleman
With increasing frequency, claims have been asserted against collection agencies alleging violations of California’s Rosenthal Fair Debt Collection Practices Act (“Rosenthal FDCPA”), Civil Code sections 1788, et seq. Given this increasing interest by the plaintiff’s bar, this article offers an overview of the Rosenthal FDCPA.
Return To Top
|
