The U.S. Court of Appeals for the Sixth Circuit recently ruled that a debt collector violated the federal Fair Debt Collection Practices Act when it sued a debtor’s wife to recover her husband’s legal fees under Ohio’s Necessaries Statute.
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The way we use words and phrases changes as our knowledge about the world around us evolves. For example, the first use of the term “gluten-free” appeared in 1927. Over the next 80 years, numerous studies about celiac disease and non-celiac gluten sensitivity emerged. And in 2013, almost 90 years after the term was first used, the FDA finally issued rules for labeling gluten-free food items.
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Continuing its 2022 cadence of issuing press releases nearly every day, on June 29, 2022, the CFPB announced it issued an advisory opinion regarding "pay-to-pay" or "convenience fees." The opinion, which explicitly references fees for online and phone payments, confirms that the Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from charging these types of fees to consumers unless they are expressly authorized by agreement or permitted by law.
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