News & Analysis as of

Debt Collection Policies and Procedures

Lerch, Early & Brewer

Five Ways to Improve Community Association Collections

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Community associations face many challenges, none more so than funding the upkeep and welfare of their communities. An owner who refuses to pay their share can put a heavy strain on a community association’s finances....more

Troutman Pepper

Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona...

Troutman Pepper on

In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management...more

Troutman Pepper

CFPB Enters Consent Order Against Medical Debt Collector for Alleged FCRA and FDCPA Violations

Troutman Pepper on

On June 8, the Consumer Financial Protection Bureau (CFPB) announced that it had entered a consent order against medical debt collector Phoenix Financial Services for alleged violations of the Fair Credit Reporting Act (FCRA)...more

Smith Debnam Narron Drake Saintsing & Myers,...

Finding Shelter in the Storm: Using the Bona Fide Error Defense with the Final Debt Collection Rule

The FDCPA provides a bona fide error defense for debt collectors who can show by a preponderance of the evidence that their violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of...more

Hudson Cook, LLP

Servicing Customers Affected by Natural Disasters: Tips for Unsecured and Personal Property Secured Creditors to Prepare for the...

Hudson Cook, LLP on

Over the past six months or so, creditors, servicers, and debt collectors alike have been forced to revisit disaster management policies in light of the unique and far-reaching impact of COVID-19: it is at once a nationwide...more

Ballard Spahr LLP

CFPB issues special edition of Supervisory Highlights focused on consumer reporting

Ballard Spahr LLP on

The CFPB has issued a special edition of its Supervisory Highlights that focuses on compliance with the FCRA and Regulation V. The report contains two main sections, with one devoted to supervisory observations at furnishers...more

Hudson Cook, LLP

Fixing Mistaken Repos

Hudson Cook, LLP on

Your company gets an irate call from a customer whose car you have just repossessed for non-payment. The caller is furious because he made a payment that was supposed to prevent a repossession. After you confirm the payment,...more

Ballard Spahr LLP

CFPB settles FDCPA claims against debt collection law firms

Ballard Spahr LLP on

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Smith Debnam Narron Drake Saintsing & Myers,...

CFPB Supervisory Highlights: It’s all about the Compliance Management System

The CFPB published its Fall Supervisory Highlights last week, highlighting its examination observations across various financial products for examinations conducted between May and August 2016. The Report highlights key...more

Sheppard Mullin Richter & Hampton LLP

Most Recent CFPB Supervisory Highlights Feature FCRA, LO Compensation and Debt Collection Issues

The Consumer Financial Protection Bureau’s most recent supervisory highlights publication featured issues relating to the Fair Credit Reporting Act, loan originator compensation and in-person debt collection that should be on...more

Robinson+Cole Data Privacy + Security Insider

Credit Protection Association settles FCRA violations for $72,000

A debt collection agency, Credit Protection Association (CPA), settled with the Federal Trade Commission (FTC) this week for its violations of the Fair Credit Report Act (FCRA) for $72,000. In the FTC’s complaint, the FTC...more

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