News & Analysis as of

Debt Collectors Licensing Rules

Orrick, Herrington & Sutcliffe LLP

DFPI proposes amendments to regulations under the California Debt Collection Licensing Act

On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed...more

Ballard Spahr LLP

New Jersey Appellate Division Affirms Dismissal of Consumer Fraud Class Action Against Debt Collector under the New Jersey...

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The Superior Court of New Jersey, Appellate Division in Jennifer Woo-Padva v. Midland Funding, LLC, recently affirmed the dismissal of consumer fraud claims brought against a debt collector pursuant to the New Jersey Consumer...more

Orrick, Herrington & Sutcliffe LLP

Nevada expands collection agency licensing requirements

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

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Recent Federal and State Debt Collection Developments

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Third-party debt collectors, first-party creditors, and debt buyers face an ever-evolving federal and state regulatory landscape as well as ongoing private litigation. We first look at the impact of the CFPB’s most recent...more

Orrick, Herrington & Sutcliffe LLP

Wyoming to regulate debt buyers as collection agencies

On February 27, the Wyoming governor signed HB 284, which requires debt buyers to be licensed as “collection agencies” beginning July 1. Under the act, a collection agency now includes any person who operates as a debt buyer,...more

Ballard Spahr LLP

Bill to extend the California Debt Collection Licensing Act’s grace period provisions sent to Governor for review

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On August 31, 2022, the California Senate voted to approve House Assembly Bill 156, and sent the bill to Governor Newsom for consideration and potential signature.  If it becomes law, the bill would amend the existing...more

Sheppard Mullin Richter & Hampton LLP

DFPI Second Rulemaking Proposal on Debt Collection Licensing

On July 15, the California DFPI released draft text for a proposed second rulemaking under the Debt Collection Licensing Act (DCLA) relating to the scope, annual report, and bond amount increase provisions of the DCLA....more

Venable LLP

California DFPI Issues Proposed Rulemaking on the Debt Collection Licensing Act

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The California Department of Financial Protection and Innovation (DFPI) recently issued an invitation for comments on a proposed second rulemaking to implement aspects of California's Debt Collection Licensing Act (DCLA)...more

Ballard Spahr LLP

California DFPI issues draft text for second rulemaking under Debt Collection Licensing Act

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As discussed in an earlier blog post, the California Department of Financial Protection and Innovation (“DFPI”) issued an Invitation for Comments on the Proposed Second Rulemaking under the Debt Collection Licensing Act...more

Troutman Pepper

California Requests Feedback on Proposed Debt Collection Regulations Impacting Licensing, Reporting, and Records

Troutman Pepper on

On July 15, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on proposed additions to regulations implementing the Debt Collection Licensing Act (DCLA). According to...more

Manatt, Phelps & Phillips, LLP

California Regulator Proposes Debt Collector Licensing Rules

Months after the California Debt Collection Licensing Act (DCLA) took effect and covered persons were required to submit applications to obtain licenses, the Department of Financial Protection and Innovation (DFPI) has...more

Troutman Pepper

California Updates Debt Collectors on Processing Delays

Troutman Pepper on

On May 23, California’s Department of Financial Protection and Innovation (DFPI or Department) sent an email notifying license applicants and prospective license applicants that the issuance of licenses under the Debt...more

Allen Matkins

Confusion Abounds Over Scope Of Debt Collection Licensing Act

Allen Matkins on

California's new Debt Collection Licensing Act, Cal. Fin. Code § 100000 et seq., took effect on January 1, 2022.  However, the legislature's inartful and inconsistent draftsmanship has resulted in a great deal of uncertainty...more

Manatt, Phelps & Phillips, LLP

The Surprisingly Broad Reach of CA’s Debt Collection Licensing Act: Applications Due By December 31

Earlier this month, the California Department of Financial Protection and Innovation (DFPI) sent an email with the attention-grabbing subject line “Want to continue operating in California? You need to apply for a license...more

Goodwin

California DFPI Issues $375,000 Sanction Against Debt Collector

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On September 22, 2021, the California Department of Financial Protection and Innovation (DFPI) announced that it issued its first enforcement action against a debt collection company for various practices,...more

Miles & Stockbridge P.C.

Time to Submit Comments for the Regulation to the New California Debt Collection Licensing Act

Last month, the California Department of Financial Protection and Innovation (the "DFPI") published a notice inviting comments for its second rulemaking regarding the rules that will be promulgated under the new California...more

Hudson Cook, LLP

Massachusetts Issues Student Loan Servicing Conduct Rules

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In last month's issue of Insights we discussed a new licensing regime in the Commonwealth of Massachusetts specific to student loan servicers. As of the publication date of that article the rules such servicers must follow...more

Hinshaw & Culbertson - Consumer Crossroads

Proposed California Debt Collection Licensing Regulations Raise Scope Concerns

Last month, the Department of Financial Protection and Innovation (DFPI) published proposed regulations under the Debt Collection Licensing Act (DCLA). The regulations largely address procedural matters related to obtaining a...more

Buchalter

California DFPI Publishes Notice of Proposed Rulemaking for Debt Collector Licensing

Buchalter on

As a follow up to my article on December 4, 2020, reporting that California enacted SB 908 – the Debt Collection Licensing Act, Financial Code Division 25, Sections 100000, et seq., the administering agency Department of...more

Miles & Stockbridge P.C.

Prepare to Be Licensed. California Enacts a Law to License Debt Collectors, But Much Needs to Be Done to Clarify the Licensing...

Every so often, the extent of state laws providing for the licensing of collection agencies needs to be re-examined. As every state, including two of the most prominent states, California and New York, historically had not...more

Clark Hill PLC

Collection Agency Licensing is Coming to California

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On Sept. 25, California’s Governor Newsom signed into law Senate Bill 908 enacting California’s Debt Collection Licensing Act or DCLA. Enforcement of the law begins Jan. 1, 2022, and regulations interpreting the law are...more

Cozen O'Connor

California Brings Licensing and Oversight to Consumer Debt Collectors

Cozen O'Connor on

On September 25, 2020, California Gov. Gavin Newsom signed S.B. 908, enacting the Debt Collection Licensing Act (DCLA). The DCLA will take effect on January 1, 2022, but proposed regulations will begin to roll out soon. ...more

Ballard Spahr LLP

California legislature passes bills requiring licensure of debt collectors

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As part of California’s recent triad of consumer financial services legislation, including AB-1864, which creates the Department of Financial Protection and Innovation and the California Financial Protection Law, and AB-376,...more

Ballard Spahr LLP

NYDFS announces creation of new Consumer Protection Task Force

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The New York Department of Financial Services has announced the creation of a new Consumer Protection Task Force within the NYDFS. ...more

Spilman Thomas & Battle, PLLC

How Consumers are Using the West Virginia Collection Agency Act to File Class Actions

As a result of recent amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), consumers in West Virginia have begun using the West Virginia Collection Agency Act (“WVCAA”) as a basis to file class...more

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