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Holland & Knight LLP

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

Holland & Knight LLP on

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)...more

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

Troutman Pepper Locke

Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue

Troutman Pepper Locke on

The U.S. Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt...more

Amundsen Davis LLC

New FDCPA Rules Are Now in Effect: Is Your Company Compliant?

Amundsen Davis LLC on

The Consumer Financial Protection Bureau (CFPB) recently implemented a new set of rules applicable to collections agencies and others qualifying as “debt collectors” under the FDCPA. These rules, which appear within the...more

Amundsen Davis LLC

New FDCPA Guidance Means Collectors May Be In Your DMs In The Near Future

Amundsen Davis LLC on

The Fair Debt Collection Practices Act (FDCPA) was passed to protect the rights of debtors and give guidance to collections agencies in their collection efforts. Although it meant to provide clarity, the FDCPA contains many...more

McGlinchey Stafford

CFPB Issues Debt Collection Final Rule

McGlinchey Stafford on

On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule (the Rule) amending Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The Rule modernizes requirements...more

Ballard Spahr LLP

The CFPB’s final collections rule: using email and text messages

Ballard Spahr LLP on

Continuing our series of blog posts breaking down the CFPB’s final debt collection rule, we now discuss the use of email and text messages, and how to qualify for a safe harbor from civil liability for unintentional third...more

Alston & Bird

A Closer Look at the CFPB’s Proposed Debt Collection Rules – Part Two: Communications

Alston & Bird on

A&B Abstract: This blog post is part two of a five-part series examining the Consumer Financial Protection Bureau’s (the “CFPB” or “Bureau”) proposed rule amending Regulation F (the “Proposed Rule”), which implements the...more

Hudson Cook, LLP

New(ish) Technology and the CFPB's Proposed Debt Collection Rule

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On May 7, 2019, the Consumer Financial Protection Bureau ("CFPB" or the Bureau") released its Fair Debt Collection Practices Act ("FDCPA") Notice of Proposed Rulemaking ("Proposals") and Request for Public Comment. The Bureau...more

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