On April 3, the West Virginia Supreme Court of Appeals issued another emergency order extending court deadlines. A press release regarding the order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period between March 23, 2020 and May 1, 2020 to May 4, 2020. Emergency proceedings, however, can take place via video conference or telephone, if the constitutional rights of the parties are not affected.…

On March 31, the United States District Court for the Eastern District of Michigan ruled in favor of a furnisher that reporting a dispute using the Compliance Condition Code of “XB,” and updating its reporting to “XH” after completing its investigation, does not violate the Fair Debt Collection Practices Act when the collection agency receives no additional communication from the debtor and there is no basis for ascertaining whether or not the debtor still disputes…

On April 3, Nevada released new debt collection guidance that clarified existing emergency regulations implemented in response to the coronavirus (“COVID-19”) outbreak. The Deputy Commissioner of the Nevada Department of Business & Industry recently provided some clarification concerning the Department’s March 20 notice to the collection industry. The Department’s prior notice deemed collection agencies non-essential businesses in accordance with the Governor’s mandatory emergency directive, subject to which all collection agencies licensed under Nevada Revised Statutes…

The North Carolina Insurance Commissioner recently published a Frequently Asked Questions document clarifying its order, amended order, and bulletin issued over the past week, which require debt collection agencies to give North Carolina consumers the option of deferring debt payments for a period of 30 days from the due date of payment. While an analysis of the provisions is available here, the FAQ clarified the following information: How does the order apply…

In a published opinion that should be advantageous to foreclosing parties, the Supreme Court of Virginia found that if a borrower cannot plead that he or she could have cured a mortgage loan default, then a foreclosure sale is “inevitable” and alleged defects in a notice of default cannot support a claim for rescission of the foreclosure sale. In Young-Allen v. Bank of America, there was no dispute that borrower Tamara E. Young-Allen was…