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N.Y. AG Releases Guide to Help Protect Consumers’ Assets

Account Recovery

New York Attorney General Letitia James last week released a comprehensive guide to help residents protect their bank accounts from garnishments and seizures. New York Attorney General Letitia James last week released a comprehensive guide to help residents protect their bank accounts from garnishments and seizures. Learn more.

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Debt Collectors Can’t Garnish Your Stimulus Check

Collection Industry News

Andrew Cuomo (D) signed legislation on Thursday that blocks debt collectors from garnishing residents’ coronavirus stimulus payments. And if their funds have been inadvertently frozen by a debt collector, they can complete a form to get the funds released. Source: site. New York Gov. Kevin Thomas (D-N.Y.)

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Another revision makes it mandatory for hospitals seeking to garnish a patient’s wages or bank accounts to include with the summons and complaint initiating such action an “affidavit of expert review” making various certifications. Annual report requirements will be adopted through a separate rulemaking.

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Best Practices for Call Baiting in Debt Collection

PDC Flow

Compliance can be even harder when scammers actively try to disrupt your debt collection practices through call baiting. Why is call baiting done and what can debt collectors do to prevent the practice? Industry Misperceptions Some debtors have never spoken to a collector before. Train your debt collectors.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

The Bureau is concerned that some of those desperately needed funds will not reach consumers, and will instead be intercepted by financial institutions or debt collectors to cover overdraft fees, past-due debts, or other liabilities. According to the FOMC, inflation continues to run below 2%. On March 17, U.S.

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Eleventh Circuit Holds Garnishment Proceeding Not Subject to FDCPA Venue Clause

Consumer Financial Services Law

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2). Ray, CITE. “[A]s

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

On March 23, Representatives Steve Cohen, Suzanne Bonamici, and Alexandria Ocasio-Cortez introduced the Fair Debt Collection Improvement Act that would prohibit debt collectors from collecting or attempting to collect debt from consumers after a statute of limitation expires. For more information, click here.