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The Biden Administration's Push for Transparency in AI Technology
ChatGPT Risks for Compliance Programs
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
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ESG Essentials: What You Need To Know Now - Episode 13 - Sustainable Ethos Litigation: Aspiration or Inaction?
Podcast - Consumer Protection: Ignorance Is Not Bliss
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Consumer Protection and Safety and Soundness Perspective of Credit Union Regulation - The Consumer Finance Podcast
A Conversation with Kristi Kelly of Kelly Guzzo - FCRA Focus Podcast
The Current Landscape of Bank-Fintech Partnerships - The Consumer Finance Podcast
FCPA Compliance Report-Episode 470-Quyen Truong on California’s Proposed Mini-CFPB: National Impact and Enforcement Threat
On August 8, the CFPB filed a proposed order to resolve its 2021 lawsuit (previously discussed here) against a California-based software company and its CEO for their role in helping credit repair businesses charge illegal...more
On September 11, the FTC announced that it had reached a settlement with two “people-search” companies which would resolve charges that the companies had engaged in practices that violated the Fair Credit Reporting Act...more
February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more
On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a revised compliance guideline for substantiating animal raising claims on labels for meat and poultry products. This updated...more
Companies whose primary business purpose is to collect debts—whether or not they actually participate in the debt collection activities—suffered a setback recently. Despite a debt purchaser’s not having any direct contact...more
In Loja v. Main Street Acquisition Corporation, the plaintiff filed a lawsuit in federal district court for alleged FDCPA violations against Main Street Acquisition Corporation and the law firm it retained to file a state...more
The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). ...more
Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an...more
On June 12, 2017, the Supreme Court of the United States (the “Court”) issued a decision clarifying who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. In the...more
The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a...more
On behalf of a unanimous Supreme Court, Justice Neil Gorsuch delivered his first opinion on June 12 to determine whether debt purchasers fall within the statutory language under the Fair Debt Collection Practices Act (FDCPA)...more
On June 12, 2017, the U.S. Supreme Court held in Henson v. Santander Consumer USA that the Fair Debt Collection Practices Act does not apply to debt buyers, as opposed to debt collectors working on behalf of loan originators....more
Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more
The U.S. Supreme Court has unanimously ruled that a purchaser of defaulted debt did not qualify as a debt collector under the Fair Debt Collection Practices Act (FDCPA) because it did not collect debts "due another", but...more
On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition...more
On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a “debt collector” as defined by the Fair Debt Collection Practices Act (“FDCPA”) if it is regularly...more
When the Fair Debt Collection Practices Act became law in 1977, it promised to regulate the conduct of anyone who “regularly collects or attempts to collect … debts owed or due … another.” But the courts have divided over...more
Action Item: Banks and other consumer finance firms that purchase delinquent debt and then collect on their own behalf are not “debt collectors” under the Fair Debt Collection Practices Act. However, this limitation still...more
On June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., No. 16–349, holding that a company may collect debts that it purchased for its own account without triggering the statutory definition of...more
The U.S. Supreme Court in Henson v. Santander Consumer USA, Inc., 2017 WL 2507342, ruled that purchasing and then collecting a defaulted debt does not, standing alone, make an entity a “debt collector” as defined by the Fair...more
Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more