News & Analysis as of

Fair Debt Collection Practices Act Electronic Communications

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

Troutman Pepper

Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue

Troutman Pepper on

The U.S. Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt...more

Nutter McClennen & Fish LLP

Nutter Bank Report: October 2021

Federal and State Financial Regulators Publish New Guidance on LIBOR Transition - The federal banking agencies, the NCUA and the CFPB, in conjunction with the state bank and state credit union regulators, have issued joint...more

Goodwin

CFPB Decides Not To Delay Debt Collection Rules

Goodwin on

On July 30, 2021, the Consumer Financial Protection Bureau (CFPB) announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as originally planned, on November 30, 2021,...more

Burr & Forman

Eleventh Circuit Withholds Mandate in Hunstein v. Preferred Collection and Management Services, Inc.

Burr & Forman on

On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc....more

Adams and Reese LLP

Eleventh Circuit Renews the FDCPA as a Consumer Privacy Statute; Deals Major Blow to Debt Collection Services Industry

Adams and Reese LLP on

Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute?  In an apparent issue of first impression, the...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

Bradley Arant Boult Cummings LLP

Mark Your Calendars: CFPB’s Debt Collection Final Rule is Set to Become Effective on November 30, 2021

On November 30, 2020, the Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register. This is obviously a significant event because the rule is set to become effective one...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Final Debt Collection Rule is Here and Focuses on Communication Methods – Here’s What You Need to Know

On October 30, 2020, the CFPB published its long awaited Final Debt Collection Rule (the “Rule”) which is intended to interpret the federal Fair Debt Collection Practices Act (the “FDCPA”) and clarify how new communication...more

Goodwin

Consumer Financial Protection Bureau Issues New Final Rule Modernizing the Fair Debt Collection Practices Act

Goodwin on

On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a new final rule implementing the Fair Debt Collection Practices Act (FDCPA). According the CFPB’s press release, the new final rule is designed “to...more

Ballard Spahr LLP

The CFPB’s final collections rule: using electronic communications to send required disclosures

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One of the initial promises of the CFPB’s NPRM was a level of certainty as to the use of electronic communications to provide legally-required collection disclosures to consumers. In adopting the final rules, however, the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Spring is Here and a Proposed Debt Collection Rule is Imminent

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

Ballard Spahr LLP

New York Issues Far-Reaching Debt Collection Regulations

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The New York Department of Financial Services (DFS) published its final debt collection regulations on December 3, 2014, following an extensive rulemaking period. The regulations impose requirements on third-party debt...more

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