As we’ve been tracking for over a year now, courts across the country have addressed the significant question of whether the federal laws governing federally owned or guaranteed student loans preempt state laws placing...more
4/14/2020
/ Debt Collection ,
Department of Education ,
Disclosure Requirements ,
Federal Student Loans ,
Higher Education Act ,
Loan Servicer ,
Misrepresentation ,
Preemption ,
Private Student Loans ,
Public Service Loan Forgiveness program (PSLF program) ,
State Regulators ,
Student Loan Servicers Regulation ,
Student Loans
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more
2/5/2020
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
Debt Collection ,
FCC ,
Prior Express Consent ,
Robocalling ,
Split of Authority ,
Statutory Interpretation ,
Student Loans ,
TCPA ,
Telecommunications
A recent decision by a panel of the United States Court of Appeals for the Fourth Circuit interpreting the Telephone Consumer Protection Act (TCPA) has significant – and possibly costly – implications for loan servicers and...more
5/1/2019
/ Appeals ,
Auto-Dialed Calls ,
Debt Collection ,
Exemptions ,
FCC ,
First Amendment ,
Government-Guaranteed Loans ,
Loan Servicer ,
Mobile Devices ,
Summary Judgment ,
TCPA
The Consumer Financial Protection Bureau (CFPB) recently released its fifth annual Fair Debt Collection Practices Act (FDCPA) Annual Report, detailing the CFPB and FTC’s activities throughout 2015 related to debt collection...more