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Debt Collectors Credit Reporting Agencies

Allen Matkins

What Exactly Does The Deputy Commissioner For New Covered Persons Oversee?

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Since I served as Commissioner of Corporations in the 1990s, the Department of Corporations has consolidated with the Department of Financial Institutions and changed its name twice.  It is now known by the unwieldy name of...more

Troutman Pepper

Minnesota House Passes Key Provisions of Debt Fairness Act

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On April 15, the Minnesota House of Representatives passed the Commerce Policy Omnibus bill, which includes key provisions of the Minnesota Debt Fairness Act. Minnesota AG Keith Ellison supports this bill and celebrated its...more

Troutman Pepper

General Counsel of the CFPB Delivers Remarks Focusing on Medical Collections and Tenant Screening

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In a recent speech at the National Consumer Law Center/National Association of Consumer Advocates Spring Training, Seth Frotman, General Counsel of the Consumer Financial Protection Bureau (CFPB or Bureau), focused on medical...more

Troutman Pepper

Florida Federal District Court Grants Debt Collector’s Motion for Summary Judgment Citing Lack of Evidence of Inadequate FCRA...

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A U.S. District Court in the Southern District of Florida recently granted a motion for summary judgment filed by debt collector, I.C. Systems, finding that the plaintiff failed to provide any evidence of an inadequate...more

Ballard Spahr LLP

CFPB issues annual FDCPA report; FTC issues annual letter on debt collection to CFPB (UPDATED)

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The CFPB has issued its annual Fair Debt Collection Practices Act report covering the CFPB’s debt collection activities in 2022.  The report incorporates information from the FTC’s most recent annual letter to the CFPB...more

Troutman Pepper

Medical Debt Under the Microscope: Insights from the CFPB’s 2022 FDCPA Report

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On November 16, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Fair Debt Collection Practices Act (FDCPA) Annual Report detailing the CFPB’s 2022 activities related to debt collection practices. This...more

Brownstein Hyatt Farber Schreck

CFPB Seeks to Fundamentally Alter the Credit Reporting Process and Use of Public Data

On Sept. 21, 2023, the Consumer Financial Protection Bureau (CFPB) officially announced it is considering a rulemaking to address several consumer reporting topics under the Fair Credit Reporting Act (FCRA). Under the process...more

Orrick, Herrington & Sutcliffe LLP

Judge dismisses FDCPA suit for communication with CRAs

On October 26, a U.S. District Court for the Eastern District of New York granted a motion to dismiss an FDCPA suit holding that there is nothing in the FDCPA that prohibits debt collectors from reporting information about a...more

Orrick, Herrington & Sutcliffe LLP

Credit reporting agency, collector granted MTD in FCRA and FDCPA case

On October 26, the U.S. District Court for the District of New Jersey dismissed without prejudice a FCRA and FDCPA lawsuit filed against a law firm and credit reporting agency. The plaintiff alleged that the defendants...more

Bradley Arant Boult Cummings LLP

Questions to Consider as Regulators Increase Scrutiny of Medical Debt

Over the last year and a half, the Consumer Financial Protection Bureau (CFPB) has become increasingly interested in the origination, servicing, and collection of medical debt. The CFPB alone has published several pieces of...more

Goodwin

The CFPB Proposal to Remove Medical Debt from Credit Report

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​​​​​​​The Consumer Financial Protection Bureau (CFPB) is moving forward with a rulemaking proposal to change the process of reporting medical debt on consumer credit reports. Specifically, the rulemaking proposal the Bureau...more

Orrick, Herrington & Sutcliffe LLP

Judge grants MSJ in class action over disputed debt investigation

On July 28, the U.S. District Court for the Southern District of Alabama granted summary judgment in favor of a defendant third-party debt collector in an FCRA and FDCPA putative class action, holding that the defendant...more

Cozen O'Connor

Proposed CFPB Order Requires Debt Collector to Pay $24 Million

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The CFPB filed a proposed order against Portfolio Recovery Associates, LLC (PRA), one of the largest debt collectors in the nation, accusing the company of illegal debt collection practices in violation of a 2015 CFPB order,...more

Hinshaw & Culbertson - Consumer Financial...

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more

Troutman Pepper

Court Grants Partial Summary Judgment in FCRA Case Based on Statute of Limitations

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In Fowler v. Preferred Collection & Mgmt. Servs., No. 8:21-cv-1038-WFJ-AAS (M.D. Fla. May 16, 2022), the court granted in part and denied in part the defendant’s motion for summary judgement as to claims asserted against it...more

Troutman Pepper

Court Finds Plaintiff Lacks Standing to Assert FDCPA Claim Based on Disputed Credit Information

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In Tolliver v. Nat’l Credit Sys., Inc., No. 20-cv-728-jdp (W.D. Wis. Sep. 22, 2021), the Western District of Wisconsin found that the plaintiff lacked standing to assert his claims for violation of the Fair Debt Collections...more

Goodwin

California DFPI Issues $375,000 Sanction Against Debt Collector

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On September 22, 2021, the California Department of Financial Protection and Innovation (DFPI) announced that it issued its first enforcement action against a debt collection company for various practices,...more

Cooley LLP

Alert: Recent CFPB Actions Highlight Focus on Debt Collection

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On August 16, 2021, the Consumer Financial Protection Bureau (CFPB) filed a proposed settlement to resolve a 2019 lawsuit against a debt collection enterprise and its owner. The CFPB asserts that the debt collection...more

Cozen O'Connor

Debt Collector’s Alleged Failure To Conduct Due Diligence And Ensure Accuracy In Credit Reporting Leads To $850,000 Settlement

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The Consumer Financial Protection Bureau (“CFPB”) reached a settlement with debt collection company Fair Collections & Outsourcing Holdings, Inc. and its owner and related entities (collectively “FCO”) to resolve allegations...more

Jaburg Wilk

Using Credit Reporting as Debt Collection Strategy Has Changed

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Credit scores are important and frequently determine interest rates and can even impact insurance rates. For many years, judgment creditors could enforce their judgments in a variety of ways. Prior to 2017, judgment creditors...more

Womble Bond Dickinson

Failure to Conduct a Thorough Investigation Was Not Willful Disregard of Furnisher’s Duty to Conduct Reasonable Investigation

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On January 27, 2021, the United States District Court for the Southern District of California granted in part and denied in part cross-motions for summary judgment by the plaintiff and the defendant in Andres Romero...more

Goodwin

FTC Reaches Settlement With Debt Collection Company for “Debt Parking” Scheme

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On November 30, 2020 the Federal Trade Commission (FTC) announced ​that it had reached a settlement with a debt collection company for its “debt parking scheme” (also known as “passive debt collection”)​​ in which the company...more

Womble Bond Dickinson

CFPB Announces Consent Order with Debt Collector for Violations of FCRA

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On November 12, 2020, Illinois-based non-bank debt collector and furnisher of consumer information, Afni, Inc. (Afni) and the Consumer Financial Protection Bureau (CFPB) entered into a Consent Order requiring that Afni take a...more

Troutman Pepper

Debt Collector Agrees to Independent Consultant, Regular Review in FCRA Settlement

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Following a Consumer Financial Protection Bureau (“CFPB”) investigation into its credit reporting procedures, telecommunications debt collector Afni, Inc. agreed Thursday to implement additional safeguards against inaccurate...more

Ballard Spahr LLP

CFPB announces settlement with debt collector for FCRA violations involving furnishing of consumer information to CRAs

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The CFPB announced that it has entered into a settlement with Afni, Inc. to address its alleged FCRA violations in furnishing consumer information to consumer reporting agencies (CRAs).  Afni is a debt collector specializing...more

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