On Tuesday evening, Sept. 17, ACA International filed a 155-page comment to the Consumer Financial Protection Bureau’s (“Bureau”) proposed debt collection rule. The comment advocates for consumers, creditors and a stable U.S....more
On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues....more
6/5/2019
/ Bright-Line Rule ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
FCC ,
FDCPA ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Proposed Rules ,
Robocalling ,
TCPA
Late last month, we warned that pending litigation in the Fourth and Ninth Circuits seeking to have the Telephone Consumer Protection Act (“TCPA”) declared unconstitutional based on the statutory government debt collection...more
First Amendment challenges to the Telephone Consumer Protection Act (TCPA) are in the midst of a revival. The TCPA makes it unlawful to call or text a cell phone using an automatic telephone dialing system (ATDS) or...more
3/29/2019
/ Commercial Speech ,
Constitutional Challenges ,
Debt Collection ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Reed v Town of Gilbert ,
Standard of Review ,
TCPA ,
Telemarketing