In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more
5/13/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Violations ,
Business Operations ,
Conspiracies ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hotels ,
Price Manipulation ,
Sherman Act ,
Software
More than a year ago on April 21, 2021, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services Inc. that rocked the world of the debt collection industry, and the...more
9/13/2022
/ Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
Debt Financing ,
Debtor-Creditor ,
Financial Institutions ,
Financial Services Industry ,
Loan Servicer
Yesterday, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services, Inc., -- F.3d --, 2021 WL 1556069 (Apr. 21, 2021), which almost immediately set off alarms in the...more
Many companies in the consumer credit industry have quickly responded to the coronavirus pandemic and its impact to their borrowers. As lenders, collectors and debt buyers think about how to provide meaningful relief while...more
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
Debt collectors are often at the mercy of their client’s customer contracts when collecting a debt. We often encourage debt collectors to work with their clients to fashion consumer contracts that avoid or minimize FDCPA risk...more
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
Eliminates ‘Significant Public Impact’ Requirement -
With legislation proposed last week, Colorado is poised to go from having one of the more conservative consumer protection acts in the county to potentially having one...more