News & Analysis as of

Debt Collectors Federal Trade Commission

FTC Obtains TRO Temporarily Freezing Assets of Georgia-Based Debt Collection Business

by Goodwin on

?On November 8, a federal court in Georgia issued a temporary restraining order against a Georgia-based debt collector, freezing its assets and granting the Federal Trade Commission (“FTC”) immediate access to its business...more

Financial Services Weekly News - November 2017 #2

by Goodwin on

Editor's Note - Change at the Fed. As expected, on November 2, President Trump nominated Jerome H. Powell to be Chairman of the Board of Governors of the Federal Reserve System (FRB) for a term of four years beginning...more

FTC and Illinois AG Settle With “Phantom” Debt Collectors For $47 Million

by Goodwin on

?On November 1, the Federal Trade Commission (FTC) and Illinois Attorney General’s Office (Illinois AG) announced that they had reached a settlement to resolve a joint action brought against affiliated Chicago-based debt...more

FTC Obtains $4.1 Million Judgment Against Seller of Fake Payday Loans

by Goodwin on

On October 17, 2017, the Federal Trade Commission (FTC) announced? that it obtained a $4.1 million default judgment from the U.S. District Court for the District of Kansas against a phony debt collection operation that sold...more

Financial Services Weekly News - June 2017

by Goodwin on

Editor's Note - Supreme Court Limits SEC’s Disgorgement Powers. On June 5, the United States Supreme Court ruled unanimously in Kokesh v. Securities and Exchange Commission that disgorgement in a Securities and Exchange...more

Federal district court refuses to dismiss CFPB lawsuit against law firms and attorneys for unlawful debt relief practices

by Ballard Spahr LLP on

A California federal district court has refused to dismiss a lawsuit filed by the CFPB in January 2017 against several law firms and attorneys alleging that the defendants violated the FTC’s Telemarketing Sales Rule (TSR) and...more

President of Debt Collector Ordered to Pay $2 Million for FDCPA Violation

by Goodwin on

On April 24, 2017, Federal Trade Commission (FTC) announced that a federal court ordered the president of a debt collection company to pay $2 million in civil penalties under the Federal Trade Commission Act (FTC Act) and the...more

FTC sends letter to CFPB on 2016 debt collection activities

by Ballard Spahr LLP on

The FTC has sent a letter to the CFPB summarizing the FTC’s debt collection activities in 2016.  The letter is intended to provide the CFPB with information for its annual report to Congress on the federal government’s FDCPA...more

FTC Files Lawsuit Against Seller of Fake Payday Loans

by Goodwin on

On January 9, 2017, the Federal Trade Commission (FTC) announced that it had filed a lawsuit in the U.S. District Court for the District of Kansas against one individual and affiliated companies, alleging that they sold...more

CFPB’s national debt collection consumer survey findings lays groundwork for future enforcement and rulemaking priorities

by Ballard Spahr LLP on

Early yesterday, the CFPB released the findings of its national debt collection consumer survey. Both the headline of the CFPB’s press release and Director Cordray’s remarks highlight the survey’s finding that “over...more

Financial Services Weekly News - November 2016 #2

by Goodwin on

Editor's Note - FinTech at the Forefront. FinTech remains at the forefront of Washington’s discussions about how best to regulate financial products and services. As discussed in more detail below, the SEC announced the...more

Court Orders Debt Collectors to Pay $11 Million to FTC

by Goodwin on

On October 31, the United States District Court for the Western District of New York granted the Federal Trade Commission’s (FTC) motion for summary judgment against a group of debt collectors, finding that the debt...more

Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules

by Ballard Spahr LLP on

The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication...more

FTC Bars New York Debt Collector and Companies from Future Debt Collection

by Goodwin on

On August 24, 2016, the Federal Trade Commission (FTC) announced that the FTC and the Attorney General for the State of New York (New York AG) reached a settlement with a New York debt collector that will ban the owner and...more

The Ninth Circuit Holds That Subsequent Debt Collectors Must Send FDCPA Validation-of-Debt Notices

by K&L Gates LLP on

The Ninth Circuit recently construed the Fair Debt Collection Practices Act (“FDCPA”) provision that requires a debt collector to send a validation-of-debt notice within five days of “the initial communication” with a...more

CFPB files supplemental amicus brief in Third Circuit FDCPA case to address Spokeo

by Ballard Spahr LLP on

The CFPB has filed a supplemental amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm violated the...more

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

FTC provides advice to consumers on communicating with debt collectors

by Ballard Spahr LLP on

In a recent blog post, Dan Dwyer, a Staff Attorney with the FTC’s Division of Financial Practices, provided advice to assist consumers in communicating with a debt collector when the consumer does not recognize the debt. The...more

Debt Collectors Beware: FTC Takes Broad Reading of Activities Subject to FDCPA and Section 5

by Holland & Knight LLP on

This week, the Federal Trade Commission (FTC) warned companies that they may not realize they are subject to the Fair Debt Collection Practices Act (FDCPA). Christopher Koegel, Assistant Director of the FTC Division of...more

FTC Unveils Nationwide Debt-Collection Enforcement Action

by McGuireWoods LLP on

The Federal Trade Commission (FTC) on Wednesday announced that it would launch its first-ever coordinated, nationwide law enforcement effort targeting abusive and deceptive debt-collection practices. The initiative is known...more

FTC Announces New Initiative: Operation Collection Protection

by Burr & Forman on

On November 4, 2015, the Federal Trade Commission (FTC) and other law enforcement authorities announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. The...more

Newly Announced FTC "Operation Collection Protection" Targets Debt Collectors

by Holland & Knight LLP on

The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is...more

Georgia Court Sheds Light on CFPB’s Power to Sue Companies that ‘Recklessly Provide Substantial Assistance’

by Reed Smith on

On September 1, 2015, the Consumer Financial Protection Bureau (“CFPB”) won an important decision in which a federal court, for the first time, interpreted the meaning of “recklessly provid[ing] substantial assistance” under...more

"Phantom" Debt Collectors Actually Sued by FTC, Banned From Business

Why it matters - The operators of a scam that processed more than $5.2 million in payments from consumers for payday loans that were not owed to the operators are now banned from the debt collection business, the...more

Financial Services Report, Fall 2015

by Morrison & Foerster LLP on

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

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