Debt Co. Asks 11th Circ. To Undo Fault Finding For False Bills

By Nate Beck (June 15, 2022, 5:23 PM EDT) — Collections firm Select Portfolio Servicing on Wednesday asked the Eleventh Circuit to reconsider a ruling in a matter of first impression last month that mortgage servicers can be held liable for sending borrowers inaccurate monthly statements.

The court found in a split decision that monthly mortgage statements Portfolio is required to send should be subject to rules prohibiting debt collectors from using false, deceptive or misleading statements under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.

The court found that because Portfolio included the language “this is an attempt to collect debt” in monthly notices to…

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