Forgiveness of Debt Can Prove Unforgiving, But a New Federal Court Decision Gives Cause for Optimism
A federal court in New Jersey recently dismissed a putative class action filed under the Fair Debt Collection Practices Act, which had argued that it was deceptive conduct for a debt collector to inform the debtor that forgiveness of debt, in some circumstances, may be reportable to the Internal Revenue Service. The specific language included in the debt collector's letter was as follows: "We will report forgiveness of debt as required by the IRS regulations. Reporting is not required every time a debt is canceled or settled, and might not be required in your case."
The debtor in the case claimed that this language was deceptive because his debts were not subject to reporting. However, contrary to the debtor’s claim, simply invoking the IRS does not violate the FDCPA. The Court concluded that the IRS disclosure was not a representation of the law but instead contained only factual statements and could not violate the FDCPA. The Court found only one reasonable interpretation for the IRS disclosure: "in certain circumstances, debt settlement and/or discharge may be reportable to other IRS, not all settlements and/or discharges are reportable, and that the subject statement may not be applicable to the reader."
For debt collectors, the key takeaway from this decision was the Court's reliance on explicit clarifying language in the IRS disclosure. Other courts have refused to dismiss cases where the IRS disclosure did not include this clarifying language: See Medina v. AllianceOne Receivables Mgmt., No. 16-4664, 2017 WL 220328, at * 1 (E.D. Penn. Jan. 19, 2017)(finding possible FDCPA violation because IRS disclosure stating "we will report forgiveness of debt as required by IRS regulations" could be open to two interpretations, one of which was inaccurate); Bautz v. ARS Nat’l Servs., No. 16-cv-768(JFB)(SIL), 2016 WL 7422301, at* 1 (E.D.N.Y. Dec. 23, 2016).
Download a copy of the decision here, Schultz v. Midland Credit Management, Inc., No. 16-4415(JLL) (D.N.J. May 8, 2017).
Topics
- ACA
- ACA International
- Amicus Brief
- Anti-Discrimination Policy
- Appellate Decisions
- Appointment Power
- Appraised Value
- Arbitration
- Arbitration Rule
- Article III Standing
- ATDS
- Attorneys' Fees
- Auto-Dialer
- Automatic Telephone Dialing System
- Bankruptcy
- Bankruptcy Code
- behavioral economics
- Biden Administration
- Biometric Information Privacy Act
- Bitcoin
- Blockchain
- BNPL
- Business Records
- California
- California Consumer Financial Protection Law
- California Consumer Privacy Act
- California Court of Appeal
- California Department of Financial Protection and Innovation
- Car Dealership
- CARES Act
- CCPA
- CDC
- CFPA
- CFPB
- Chapter 11 Bankruptcy
- Chapter 13 Bankruptcy
- Chapter 7 Bankruptcy
- Circuit Split
- City of Miami
- Civil Contempt
- Claim-Splitting
- Class Action
- Class Action Fairness Act of 2005
- Class Certification
- Climate Change
- Cole Memorandum
- Colorado
- Commercial Foreclosure
- Communications
- Compliance
- Compliance Audit
- Compliance Corner
- Congressional Review Act
- Connecticut
- Connecticut Insurance Department
- Constitutional Claims
- Consumer Data Privacy
- Consumer Disclosures
- Consumer Financial Protection Act
- Consumer Financial Protection Bureau
- Consumer Protections
- Coronavirus
- Coronavirus Aid, Relief, and Economic Security Act
- Corporate Compliance
- Corporate Governance
- COVID-19
- CPRA
- Craigslist
- Credit Report
- Credit Reporting Agencies
- Creditor
- Cryptocurrency
- cyber regulation
- Cybersecurity
- D.C. Circuit Court of Appeals
- Damages
- Data Breach
- Data Privacy Laws
- Data Security
- Debt Buyers
- Debt Collection
- Debt Collector
- Debt Dispute
- Debt Purchase
- Debtor
- Deceased Debtors
- Default Notice
- Department of Education
- Department of Financial Protection and Innovation
- Department of Financial Services
- DFPI
- DFS
- DFS Part 500
- Digital Financial Asset Law
- Disclosure
- Discovery Rule
- District of Columbia
- Document Retention
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Due Process Clause
- ECOA
- Economic Impact Payment
- Education
- Education Debt
- Eighth Amendment
- Electronic Communications
- Eleventh Amendment
- Eleventh Circuit Court of Appeals
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Equal Opportunity Act
- European General Data Privacy Regulation
- Eviction
- Excessive Fines Clause
- Executive Order
- Exempt Status
- Exemption
- FACTA
- Fair and Accurate Credit Transactions Act
- Fair Credit Billing Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Employment and Housing Act
- Fair Lending
- Fair Market Value
- Fairness in Class Action Litigation Act of 2017
- FCBA
- FCC
- FCRA
- FDCPA
- Federal
- Federal Arbitration Act
- Federal Communications Commission
- Federal Housing Administration
- Federal Housing Finance Agency
- Federal Rules of Civil Procedure
- Federal Rules of Civil Procedure 68
- Federal Trade Commission
- FHA
- Fifth Amendment
- Fifth Circuit Court of Appeals
- Final Rule
- Financial CHOICE Act
- Financial Registration
- Financial Regulatory
- Financial Risk
- FinTech
- First Amendment
- First Circuit Court of Appeals
- Florida
- Florida Supreme Court
- For-Profit Student Loans
- Forbearance
- Forbearance Agreement
- Foreclosure
- Foreclosure Sale
- Fourteenth Amendment
- Fourth Circuit Court of Appeals
- FTC
- Furnishers
- GDPR
- hacking
- Hardship Declaration
- HealthTech
- Hearsay
- HMDA
- Hobbs Act
- HUD
- Human Intervention Test
- Hunstein
- IDFPR
- Illinois
- Illinois Consumer Fraud and Deceptive Business Practices Act
- Illinois Predatory Loan Prevention Act
- Illinois Student Loan Bill of Rights
- Illinois Supreme Court
- Investigation
- IRS
- Judicial Estoppel
- Kathleen Kraninger
- Kentucky
- kickbacks
- Lack of Standing
- Landlord and Tenant
- Least Sophisticated Consumer Standard
- Legal Standing
- Legislation
- Lender Credit Bid
- LGBTQ
- Licensing
- Litigation
- Loan Defaults
- Loan Discharge
- Loan Modification
- Loan Servicing
- Louisiana
- Maine
- Mandatory Arbitration
- Marijuana
- Marketing Services Agreements
- Maryland
- Massachusetts
- Massachusetts Appeals Court
- Massachusetts Consumer Protection Act
- Massachusetts Land Court
- Massachusetts Supreme Judicial Court
- Material Misrepresentation
- Materiality Requirement
- Medical Debts
- Medical Expenses
- Medical Marijuana
- Minnesota
- Monetary Damages
- Mortgage
- Mortgage Acceleration
- Mortgage Debt
- Mortgage Foreclosure
- Mortgage Loan Acceleration
- Mortgage Loans
- Mortgage Servicers
- Mortgage Servicing
- Motion to Dismiss
- MSA
- Municipal Code
- Municipal Code Violations
- Nevada
- New Jersey
- New York
- New York Court of Appeals
- New York Department of Financial Services
- New York Legislation
- New York Real Property Procedures and Acts
- Ninth Circuit Court of Appeals
- NMLS
- North Carolina
- North Carolina Consumer Finance Act
- North Dakota
- Notice of Proposed Rule Making
- NPRM
- NYCRA
- NYS DFS
- Obama Administration
- OFAC
- Office of Foreign Assets Control
- Origination
- Paragraph 22
- Part 500
- Pennsylvania
- Personal Jurisdiction
- Post-Discharge-Communications
- PPP
- Pre-Foreclosure Mediation
- Preemption
- Privacy
- Private Colleges and Universities
- Private Right of Action
- Private Student Loans
- Property Rights
- Property Value
- Proposed Legislation
- Real Estate Settlement Act
- Redlining
- referral fees
- Regulated Entities
- Regulated Non-Depositories
- Regulated Organizations
- Regulation
- Regulation X
- Regulatory
- Regulatory Compliance
- Regulatory Relief
- Remote Working
- Residential Foreclosure
- RESPA
- Reverse Mortgage
- Revocation Claims
- Revocation of Election to Accelerate
- Rhode Island
- Rhode Island Supreme Court
- Richard Cordray
- RICO
- Right of Redemption
- Right to Cure
- Right to Cure Notice
- Right to Reinstate
- Risk Management
- Robocalls
- Rohit Chopra
- S.A.F.E. Mortgage Licensing Act
- Safe-Harbor Provision
- Sanitary Codes
- SCOTUS
- Second Circuit Court of Appeals
- Securities & Exchange Commission
- Separation of Powers
- Settlement
- Settlement Conference
- Seventh Circuit Court of Appeals
- Sixth Circuit Court of Appeals
- Social Media
- Standard of Proof
- Statute of Limitations
- Statutory Damages
- Statutory Interpretation
- Stimulus
- Student Loans
- Students
- Supreme Court of the United States
- Tax
- Tax Implications
- Tax Lien
- TCPA
- Telephone Consumer Protection Act
- Texas
- Texting
- Third Circuit Court of Appeals
- TILA
- Trump
- Trump Administration
- Truth in Lending Act
- U.S. Constitution
- U.S. Department of Housing and Urban Development
- UCC
- UDAAP
- Unauthorized Use
- Undue Hardship
- Unfair and Deceptive Practices
- Unfair Competition
- Uniform Commercial Code
- United States Treasury
- Unsolicited Advertisement
- Usury Laws
- Utah
- Video Conferencing
- Virginia
- Virtual Currency Business Act (VCBA)
- Voluntary Discontinuance
- Voluntary Dismissal
- Washington D.C.
- Wisconsin
- Wisconsin Consumer Act