May 6, 2019 — Maurice Wutscher attorneys Jefferey Karek and Eric Rosenkoetter have been published in recent issues of Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.
In “11th Circuit: Offering to “Resolve” a Time-Barred Debt Can Violate FDCPA Absent Disclosures,” Mr. Rosenkoetter discusses a ruling by the U.S. Court of Appeals for the Eleventh Circuit “that an offer to ‘resolve’ a debt without disclosing its time-barred status may be deceptive or misleading under the federal Fair Debt Collection Practices Act even in the absence of an express threat of litigation.”
In “4th Circuit Holds Tax Payment Agreement Subject to TILA and EFTA,” Mr. Karek writes that the U.S. Court of Appeals for the Fourth Circuit recently held that a tax payment agreement entered into pursuant to Virginia Code was a consumer credit transaction subject to the federal Truth in Lending Act and Electronic Funds Transfer Act. “In reaching its ruling, the Fourth Circuit noted that although credit has been defined to generally exclude tax liens and tax assessments in the official CFPB interpretation of TILA’s implementing regulation . . ., the [CFPB] clarifies that ‘third-party financing of such obligations (for example, a bank loan obtained to pay off a tax lien) is credit for the purposes of the regulation.’”