When it comes to third-party collections, many creditors assume that commission-based compensation is the ultimate motivator. After all, if agencies only earn when they collect, their interests must be perfectly aligned with yours—right?
Not always.
On November 19, 2025, the Appellate Division, Second Department reversed the trial court’s denial of defendant’s motion to dismiss claims alleging violations of the Fair Debt Collections Practices Act (FDCPA) for lack of standing.1
Are you sending marketing text messages or placing telemarketing calls to individuals in Texas? If so, then you’ve probably been tracking the amendments to the Texas mini-TCPA, which took effect on September 1, 2025. Below we outline some recent litigation developments and related considerations.
On November 25, the New York Court of Appeals issued a pair of decisions — Art. 13 LLC and Van Dyke — that provide definitive guidance on the hotly contested and heavily litigated issue of the Foreclosure Abuse Prevention Act’s (FAPA) reach. In both cases, New York’s high court confirmed that FAPA applies retroactively to foreclosure actions where a final judgment of foreclosure and sale has not been enforced, and rejected all constitutional challenges to the statute.
Contending that the CFPB is relying on a “novel” definition of “combined earnings,” the union representing CFPB employees is asking a federal court to rule that the Trump Administration is planning to violate an injunction barring the administration from shutting down the bureau.
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