Monthly Archives: May 2015

Free speech

Thank God for the First Amendment.  Ken White (Popehat) has an excellent article explaining all the misunderstandings of free speech and the First Amendment. Advertisements

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Kelo book

I want to read this.  I predict that 50 years from now Kelo will be looked upon like Dred Scott and Plessey.

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Requiring the licensing of lawyers as collection agencies

A ruling out of a Federal District Court in Maryland that a debt collection law firm may be required to obtain a collection agency license under the Maryland collection agency licensing scheme.

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Consumer

It is a word in the FDCPA that is oftentimes overlooked, as in this case.  Remember, the debt must have been incurred for family, household or personal use.  Inventive arguments as in this case not withstanding, you can’t get around … Continue reading

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Demanding pre-judgment interest

This issue gets debt collectors in trouble all the time.  Many collectors avoid accruing pre-judgment interest for just this reason.  For those that don’t, following the Seventh Circuit’s safe harbor language is probably a good idea.  Here is a discussion … Continue reading

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Tax consequences of debt settlment

The Second Circuit has decided that failure to advise a debtor of the tax consequences of a settlement does NOT constitute an FDCPA violation.  Yea!

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Pre-judgment interest demand

Generally these are a bad idea.  However, in this case, the 9th Circuit held that under California law no judgment was needed in order to include interest in a pre-judgment demand.

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