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CEB Prac. Guide § 2A.26 -- Communications with Third Parties -- Communications Regarding the Debt -- California

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9th Circuit Says Debt Collectors Can Not Send Collection Letters to Debtor’s Employer “c/o” the Debtor, Particularly When Debt Collector Knows Debtor’s Residential Address

by Scott J. Hyman |

We previously addressed the Evon case oral argument here:  http://www.calautofinance.com/?p=2563&preview=true&preview_id=2563&preview_nonce=86a7e87b16.  The Court of Appeals issued its ruling yesterday.  In Evon v. Law Offices of Mickel, here, the Court of Appeals for the Ninth Circuit found deceptive the practice of sending collection letters to the debtors at their employer's address. Next, even if Mickell assumed that some debtors receive mail at… Read More

District Court (Cal.) Concludes that Debt Collector’s Mistaken Belief that Communications was with Spouse (as opposed to girlfriend) Created Liability for Third Party Disclosure

by Scott J. Hyman |

In McEndree v. Rash Curtis & Associates, 2012 WL 1640465 (E.D.Cal. 2012), Judge England found that liability cascaded down through the Rosenthal Act and FDCPA when a debt collector communicated about the debt with a girlfriend whom the debt collector mistakenly believed was the debtor's spouse.  Judge England found liability for impermissibly violating the prohibition against discussing more than location information… Read More

Severson & Werson Publish Article Entitled “Does California’s Rosenthal FDCPA Protect Nondebtors?”

by Scott J. Hyman |

A copy of the Article can be found here.    Source:  Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit their website at: www.shoplrp.com Read More