Year in Review and a Look Ahead: Navigating the Debt Collection Landscape — The Consumer Finance Podcast
Consumer Finance Monitor Podcast Episode: Recent Federal and State Debt Collection Developments
Keeping Up With the Bureau Episode 4: Hot Topics in Collections: Fees, Reg F Landscape, and What’s Next - The Consumer Finance Podcast
Fair Lending 101 for Debt Collectors - The Consumer Finance Podcast
Credit Eco to Go Podcast: Demystifying the Debt Collection Rule
Dancing to Their Own Tune: Empowering Consumers Through Self-Service
Can My Creditors Put me In Jail?
20 Things a Debt Collector Can't Do
5 Reasons Consumers Should File an FDCPA Lawsuit
Why You Should Enter into a Payment Plan with a Junk Debt Buyer
Beginners Guide to Debt Collection Lawsuits by Portfolio Recovery Associates
Quick Guide to Stopping Collection Calls.
3 Proven Strategies for Dealing with a Midland Funding Lawsuit
The TCPA: Basics, Targeted Industries, and Trends
Can I collect my judgment if the other side is appealing?
In the case of In re: McIntosh, a debt purchaser’s assertion that it was entitled to enforce a debt not correctly listed on the debtor’s bankruptcy schedules was met with significant pushback from the U.S. Bankruptcy Court...more
On May 3, the Arizona Court of Appeals affirmed the state superior court’s decision to uphold Arizona’s Predatory Debt Collection Act (the “Act”) after being challenged by judgment creditors. The Act lowered the interest rate...more
On May 3, the Governor of Tennessee signed into law HB 2320 (the “Act”), which will amend pleading requirements for consumer debt suits and garnishment exemptions. The Act would require that, in a civil suit or arbitration...more
On April 4, 2024, the Oregon Governor signed Senate Bill 1595—the Family Financial Protection Act (SB 1595)—into law. SB 1595 increases the amounts exempt from execution by creditors, imposes new account review procedures for...more
On February 9, 2024, the Commissioner of the California Department of Financial Protection and Innovation (“DFPI” or “Department”) announced a proposed rulemaking limited to certain requirements related to reporting and...more
On February 7, the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s decision to grant a debt collector’s (the defendant) motion for judgment. The defendant argued that its efforts to collect plaintiff’s...more
On February 2, the U.S. District Court for the Western District of Pennsylvania held that a plaintiff had standing to bring two FDCPA claims, but remanded the plaintiff’s third claim for lack of standing. The Court also...more
This month, the Consumer Financial Protection Bureau (CFPB) started the new year by filing an amicus brief in an ongoing appeal in the First Circuit focusing on an interpretation of the Fair Debt Collection Practices Act...more
In its December 2023 Bulletin, the California Department of Financial Protection and Innovation ("DFPI") announced that debt collectors licensed prior to January 1, 2024, will be required to file an annual report by March 15,...more
In Brown v. MRS BPO, LLC, the Northern District of Illinois, acting on its own motion, granted summary judgment in favor of the defense on claims asserting violations of the Fair Debt Collections Practices Act (FDCPA)....more
The CFPB has issued its annual Fair Debt Collection Practices Act report covering the CFPB’s debt collection activities in 2022. The report incorporates information from the FTC’s most recent annual letter to the CFPB...more
On November 3, Colorado Attorney General (AG) Phil Weiser announced that his office reached a settlement with Touchstone Partners, Inc. (Touchstone), a noted debt management company. The AG’s allegations were that Touchstone...more
A U.S. District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the...more
On July 14, the U.S. Court of Appeals for the Ninth Circuit partially affirmed and partially reversed a district court’s dismissal of an FDCPA suit. The district court reviewed plaintiff’s claims under the FDCPA, which...more
On June 16, the Nevada governor signed SB 276 (the “Act”) to revise certain provisions relating to debt collection agencies and make amendments to the state’s collection agency licensing law. While existing law requires...more
On March 15, Judge Eve M. Reilly of the Circuit Court of Cook County, Illinois, dismissed a class action complaint based solely on the allegation that a collection letter was sent by a third-party letter vendor....more
Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. In...more
A new California law governing "coerced debt" will soon be taking effect. This legislation, 2022 Cal. Stats. ch. 989, defines a "coerced debt" as a...more
Financial institutions, debt collectors, debt collection law firms, and consumer-facing businesses should take note that the Eleventh Circuit Court of Appeals reversed the prior panel’s decision and has ruled that merely...more
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes”...more
The Consumer Financial Protection Bureau (CFPB) and Congress have both signaled an interest in expanding the scope of the Fair Debt Collection Practices Act (FDCPA) to cover commercial debt, a move that would likely subject...more
The filing of a bankruptcy petition under any chapter of the Bankruptcy Code creates the ‘automatic stay,’ which prevents creditors from taking any further action against either the debtor or the debtor’s assets during the...more
In a case full of surprises, the Eleventh Circuit has vacated its October 2021 substitute opinion in Hunstein vs. Preferred Collection & Management Services, Inc., --- F. 4th ----, No. 19-14434, 2021 WL 4998980 (11th Cir....more
For the past year, the industry’s attention has been focused on the Debt Collection Rule (the “Rule”), its changes, and the new expectations it will place on debt collectors; but as the rubber meets the road, collection...more
In This Issue. The Consumer Financial Protection Bureau (CFPB) released a new Compliance Aid; the U.S. Securities and Exchange Commission (SEC) proposed amendments to Form N-PX with the goal of making it easier and more...more