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 Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more
In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more
In August, a New York federal district court denied a motion to dismiss a CFPB lawsuit against three affiliated companies engaged in the business of purchasing distressed consumer debt and several of the companies’ owners and...more
On July 20, 2023, the CFPB published a report concerning the risks posed to consumers by employer-driven debt. Employer-driven debt is any form of financing arrangement where an employer extends credit or a lease to an...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
The CFPB announced at the end of last week that it had entered into a consent order with Phoenix Financial Services, LLC (Phoenix), a third-party debt collector that collects primarily past-due medical debts and furnishes...more
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
A cannabis retailer, and those who collect debt on their behalf, may not be governed by the Fair Debt Collection Practices Act (FDCPA), but they probably should act like it. The FDCPA is applicable when a third-party...more
The CFPB and Center for Medicare and Medicaid Services (CMS) issued a joint notification letter to nursing facilities and debt collectors affirming the agencies’ position that nursing facilities can violate the Nursing Home...more
Welcome to my latest attempt at predicting what next year has in store for the auto finance industry. As I mentioned in last month’s column, there are a number of regulatory themes from 2021 that we can expect to carry over...more
Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more
The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court’s decision in Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th. Cir. 2021). They affirmed that a debt...more
“A may not share information about B with C.” In response to this simple yet dramatic holding at the heart of an Eleventh Circuit case of first impression regarding the Fair Debt Collections Practices Act (FDCPA), appellant...more
The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more
On April 21, 2021, the Eleventh Circuit Court of Appeals held that: i) a violation of the Fair Debt Collection Practice Act’s (FDCPA) prohibition against communicating with a third-party in connection with the collection of a...more
To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection...more
In its just-released decision, the Eleventh Circuit Court of Appeals has potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA). In Richard Hunstein v. Preferred Collection and Management...more
On April 21, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision that threatens significant consequences for a variety of loan servicing and debt collection industries. The upshot of the court’s holding...more
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
More than five years after it issued its Advanced Notice of Proposed Rulemaking, the CFPB appears poised to issue its proposed debt collection rules. The first hint that this was imminent came in the fall of 2018 when the...more
It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more