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CFPB Publishes Final Rule on Debt Collection Practices

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CFPB Publishes Final Rule on Debt Collection Practices

On October 30, the Consumer Financial Protection Bureau (CFPB) issued a Final Rule under the Fair Debt Collection Practices Act (FDCPA), applying the FDCPA to modern communication technologies such as email and text messaging, among other provisions. Continue Reading

11/19/2020


Optimism Shines Bright for NCBA

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Optimism Shines Bright for NCBA

Chip StacyHood & Stacy P.A. My recent election as President-Elect of the National Creditors Bar Association (NCBA) is fortunate timing for me as the hard work of the organization has given rise to a great amount of optimism for 2021. Led by Liz Terry and Mark Groves, NCBA successfully hosted a... Continue Reading

by Chip Stacy
11/12/2020


ADA Protects Lawyers With Disabilities, But We Must Do More

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ADA Protects Lawyers With Disabilities, But We Must Do More

NCBA's Diversity & Inclusion Committee shares this article with you as part of its initiatives to educate NCBA's members on discrimination in the legal profession, including against people with disabilities. Continue Reading

08/13/2020


The Murky Problem of Enforcing Post-Petition Consumer Debt in Chapter 13

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The Murky Problem of Enforcing Post-Petition Consumer Debt in Chapter 13

What happens when a debtor in an active chapter 13 case incurs debt post-petition and does not pay it? The answer requires a slog through multiple code sections and even then, the answer is murky. Continue Reading

08/6/2020


Maryland Court Limits Reach of State Debt Collection Law

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Maryland Court Limits Reach of State Debt Collection Law

By Ronald S. Canter, Esquire The Law Offices of Ronald S. Canter, LLC Maryland is one of a number of jurisdictions that have enacted state law restrictions on consumer debt collection.[1] However, unlike the Federal Fair Debt Collection Practices Act, the Maryland Consumer Debt Collection Act... Continue Reading

07/8/2020


The Importance of Female Mentorship: Tips for Lawyers on the Rise

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The Importance of Female Mentorship: Tips for Lawyers on the Rise

For the past 20 years, law schools have seen a roughly equivalent number of men and women enrollment. It was not until 2016 that more women were enrolled than men. Continue Reading

07/1/2020


SCOTUS Leaves CFPB Intact, But Allows for Removal of Director for Any Reason

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SCOTUS Leaves CFPB Intact, But Allows for Removal of Director for Any Reason

In the opinion written by Chief Justice Roberts, the Court held that Congress overreached when it limited the President’s power to remove the single director of the Bureau. Continue Reading

06/29/2020


Historic Decision to Celebrate Pride

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Historic Decision to Celebrate Pride

It could not be more appropriate as those around our country celebrate Pride Month that the U.S. Supreme Court (SCOTUS) rendered its historic ruling on workplace discrimination. Continue Reading

06/17/2020


Collectors Poised to Benefit from Appeal Court Ruling Dismissing FDCPA Lawsuit for Lack of Standing

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Collectors Poised to Benefit from Appeal Court Ruling Dismissing FDCPA Lawsuit for Lack of Standing

In Frank v. Autovest, LLC, 2020 WL 3053199 (D.C. Cir., June 9, 2020), the United States Court of Appeals for the District of Columbia Circuit dismissed for lack of Article III standing a consumer’s FDCPA lawsuit based on the filing of false affidavits in a debt collection lawsuit. Continue Reading

06/16/2020


NCBA Members Demonstrate Good Judgment; Maryland Court to Vacate Hundreds of Affidavit Judgments

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NCBA Members Demonstrate Good Judgment; Maryland Court to Vacate Hundreds of Affidavit Judgments

by Nathan Willner Government Affairs Officer The COVID-19 pandemic resulted in many court systems throughout the United States shutting their doors. Pursuant to the Administrative Order issued by the Maryland Judiciary, court offices, administrative offices, units of the Judiciary, and the... Continue Reading

05/19/2020


The Answer is NOT "I'm Going to Disneyland"

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The Answer is NOT "I'm Going to Disneyland"

Court Issues Temporary Restraining Order in Massachusetts Continue Reading

05/7/2020


Court Brief: Graziano on Chopping Block Before 3rd Circuit En Banc Hearing (Part II: Conclusion)

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Court Brief: Graziano on Chopping Block Before 3rd Circuit En Banc Hearing (Part II: Conclusion)

On March 30, 2020, the 3rd Circuit issued its decision on the en banc review of Riccio v. Sentry Credit. Continue Reading

03/31/2020