News & Analysis as of

Collection Agencies

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

by Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

CFPB Presents Significant New Regulatory Requirements for Third-Party Debt Collectors

by Stinson Leonard Street on

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

CFPB Gives Preview of Changes Coming to the Collection Industry

by Hinshaw & Culbertson LLP on

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) issued a detailed outline of proposals that address some of the hot topic issues in the collection industry. Before they become rules, these proposals will...more

Eleventh Circuit Weighs In on the FCRA’s Furnisher Investigation Requirement

by Ballard Spahr LLP on

The 11th Circuit has clarified that the Fair Credit Reporting Act (FCRA) requires furnishers of credit information—like their credit reporting agency (CRA) counterparts—to conduct "reasonable" investigations of consumer...more

The Long Goodbye

by Ary Rosenbaum on

I always believe that the retirement plan business is a relationship driven business. It’s also a small world of industry where providers know providers nationwide. This belief has certainly helped my law firm practice grow...more

HHS Abandons Its Appeal of DC District Court Decision Allowing A Provider to Claim Medicare Bad Debt While Non-Medicare Accounts...

by King & Spalding on

On February 3, 2016, the Secretary of HHS withdrew her appeal of a United States District Court for the District of Columbia decision invalidating CMS’s policy that a Medicare bad debt cannot be claimed while non-Medicare...more

Administrative Monetary Penalties and New Exemptions for Debt Collectors

Earlier this month, the Minister of Government and Consumer Services introduced Bill 156, the Alternative Financial Services Statute Law Amendment Act, 2015 (Bill 156). Bill 156, if enacted, would amend, among other...more

Find Out What Is Hidden Within The New FAST Act

by Ervin Cohen & Jessup LLP on

On December 4, 2015, the President signed into law the Fixing America’s Surface Transportation Act, or FAST Act. There’s not much in there about taxes, but here are the plums hidden in the Act’s 1,300 page text...more

The Bad Debt Moratorium Requires a Flexible Approach to Evaluating "Reasonable Collection Efforts"

by Baker Ober Health Law on

On September 10, 2015, District Judge Randolph D. Moss of the U.S. District Court for the District of Columbia issued an opinion in Mountain States Health Alliance v. Burwell (Mountain States) involving Section 310 of the...more

CMS's "At a Collection Agency" Bad Debt Policy - Confusion Continues

by Baker Ober Health Law on

As we reported in previous Payment Matters articles, the United States District Court for the District of Columbia has issued inconsistent opinions regarding Medicare's policy not to allow bad debt when that bad debt is still...more

Illinois Amends Collection Agency Act

by Ballard Spahr LLP on

Illinois has amended provisions of the state Collection Agency Act, including extending the repeal of the Act from January 1, 2016, to January 1, 2026. The amendment makes changes concerning definitions, exemptions,...more

Connecticut Adds New Licenses to NMLS

by Ballard Spahr LLP on

The Nationwide Mortgage Licensing System (NMLS) is now accepting new applications and transition filings for new industry licenses for the Connecticut Department of Banking (Department). The Department is requiring companies...more

FCC Order Creates New TCPA Challenges for Companies

by Ballard Spahr LLP on

As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more

UDAAP Council Weekly UDAAP Standards Report - 2/25/2015

by Foley & Lardner LLP on

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

Capital One Gets an Unwanted Wake Up Call

by Ifrah PLLC on

In what could become the largest ever settlement in a case brought in the 22 year history of the Telephone Consumer Protection Act (“TCPA”), Capital One and three collection agencies agreed to pay over $75 million into a...more

TCPA Connect -- Jan 13, 2014

Good Faith Belief in a Consumer’s Consent Found to be Valid Defense to TCPA Claim - Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge...more

Eleventh Circuit Considers Permissibility under FDCPA of Percentage-Based Debt Collection Fees

by Ballard Spahr LLP on

In a per curiam decision last week, the U.S. Court of Appeals for the Eleventh Circuit suggested that percentage-based debt collection fees are permissible under the Fair Debt Collection Practices Act (FDCPA) if they are...more

TCPA Filings Increase 65 Percent Year-To-Date

by Burr & Forman on

The Telephone Consumer Protection Act (TCPA) has increasingly become a target for consumers and their attorneys for suits aimed at collection agencies. TCPA suits in August rose 15.4 percent from July and 72 percent compared...more

Medicare Bad Debts and CMS's "At a Collection Agency Policy" - New Uncertainty

by Baker Donelson on

As reported in previous Payment Matters articles (6/11/08, 4/4/13 and 6/27/13), the United States District Court for the District of Columbia has ruled in two separate opinions that a Medicare contractor is not permitted to...more

CMS Accepts Court Ruling That Bad Debt Still at Collection is Allowable

by Baker Donelson on

As we reported in a recent Payment Matters article, the United States District Court for the District of Columbia ruled this spring, for a second time, that a Medicare contractor is not permitted to disallow Medicare bad debt...more

D.C. District Court Again Rules That Bad Debt at a Collection Agency is Allowable

by Baker Donelson on

The United States District Court for the District of Columbia recently ruled, again, that a Medicare contractor is not permitted to disallow Medicare bad debts solely on the ground that the bad debt is still at an outside...more

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