InfoBytes, October 28, 2011 - A Weekly In-depth review of news & developments in the financial services industry


Topics In This Issue:

• Federal Issues

• State Issues

• Courts

• Miscellany

• Firm News

• Firm Publications

• Mortgages

• Banking

• Litigation

• E-Financial Services

• Privacy/Data Security

Excerpt from Miscellany:

Court Grants FTC Request for TRO Against Debt Collection Operation. On October 26, the Federal Trade Commission (FTC) announced that the U.S. District Court for the Central District of California granted its request for a temporary restraining order against a debt collection operation that allegedly deceived and abused consumers. The FTC filed the complaint and request for a TRO on October 11, 2011 against two individuals and seven companies in a Corona, California-based debt-collection operation doing business as Rincon Debt Management. The FTC charged that the defendants made false and misleading claims that they were process servers or attorneys who had filed - or were about to file - a lawsuit against a consumer, and that these claims violated the FTC Act. Additionally, the FTC alleged that the defendants violated the Fair Debt Collection Practices Act by: (i) improperly contacting third parties about consumers' debts; (ii) failing to disclose the name of the company they represented, or the fact that they were attempting to collect on a debt, during telephone calls to consumers; (iii) misrepresenting the existence of a debt, the amount, and other facts about the debt; and (iv) failing to notify consumers of their right to dispute and obtain verification of their debts. In response, the court granted an order to stop the illegal conduct, freeze the operation's assets and appoint a temporary receiver to take over the defendants' business while the FTC moves forward with the case.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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