Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 2A.27 -- Communications with the Debtor -- Time, Place & Manner Restrictions

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Cal.) Finds “Inconvenient Calls” Provision of FDCPA Only Protects “Consumers”, Not Third Parties

by Scott J. Hyman |

In Reddin v. Rash Curtis & Associates, 2016 WL 3743148, at *2-3 (E.D.Cal. 2016), the Court held that the FDCPA only protects third parties where the statute refers to something other than "consumers". Subsection 1692c(a)(1) generally prohibits a debt collector from communicating with a “consumer in connection with the collection of any debt...at any unusual time or place or a… Read More

District Court (Mass.) Applies the Uniform Time Act of 1966 to Affirm the Propriety of a Debt Collector’s After-Hours Call Under the FDCPA

by Scott J. Hyman |

In Vinson v. Credit Control Services, Inc.--- F.Supp.2d ----, 2012 WL 6137916 (D.Mass. 2012), Judge Tauro held that a debt collector did not violate the FDCPA’s time/place/manner restrictions by calling within the proper time zone even though the customer’s municipality applied a different time zone. Vinson claims that Credit Control Services violated the statute by calling her after 9:00 p.m.,… Read More

District Court (Cal.) Says Debt Collector Called Plaintiff Too Early in the Morning

by Scott J. Hyman |

In Smith v. Capital One Financial Corp., 2012 WL 3138024 (N.D.Cal. 2012), Judge Hamilton found that an in pro per Plaintiff properly pleaded that a debt collector called her too early in the morning: Midland first argues that the FAC does not state a claim under the FDCPA. With regard to the allegation regarding the 7:00 a.m. EST call, Midland… Read More