News & Analysis as of

Fair Debt Collection Practices Act Text Messages

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

Ballard Spahr LLP

Text Messages From Debt Collectors? Not in My Backyard!

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Some people just don’t like change. New developments are often opposed by small groups prioritizing their own self-interest over the interests of the community at large. In real estate, these groups are sometimes known as...more

Amundsen Davis LLC

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

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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

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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

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. Eleventh Circuit Delivers Surprising Decision on Use...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 26, 2021

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Real Property Update - HELOC / Authentication: A home equity line of credit is not a negotiable instrument, is not self-authenticating, and must be proven in support of summary judgment – Demakis v. Suntrust Bank, No....more

McGlinchey Stafford

CFPB Issues Debt Collection Final Rule

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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

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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

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 15, 2020

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Real Property Update - Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more

Bilzin Sumberg

With Consumer Protection Class Actions On the Rise, Is the Financial Services Industry in the Crosshairs?

Bilzin Sumberg on

Lawyers or business people who feel they have been hearing about a lot more consumer protection class actions lately have good reason for that feeling. A recent report by Lex Machina, part of LexisNexis, highlights an...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Smith Debnam Narron Drake Saintsing & Myers,...

House Financial Services Committee Considers Amendments to the FDCPA

On November 14, 2019, the House Committee on Financial Services passed the following bills which would amend the federal Fair Debt Collection Practices Act and tighten consumer protections. The bills will now make their way...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights - October 2019

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Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. ...more

Alston & Bird

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

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 8, 2019

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Real Property Update - Homestead: injunction for municipal violations, which prevented a spouse from returning to the property, did not destroy or "abandon" homestead protections (preventing one spouse from selling the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Burr & Forman

FCC Consumer Advisory Committee Recommends Final Rule Pursuant to Bipartisan Budget Act of 2015 With Consumer Protections

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On June 10, 2016, the FCC Consumer Advisory Committee recommended promulgation of a Final Rule pursuant to the Bipartisan Budget Act of 2015, containing the following consumer protections: Calls pursuant to the exception...more

Ballard Spahr LLP

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

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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

Burr & Forman

Eleventh Circuit Addresses TCPA Again: Confirms Validity of 1992 FCC Ruling on “Prior Express Consent”

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It would be difficult to identify a federal circuit court of appeals that has released a larger number of influential consumer finance decisions in the last year than the Eleventh Circuit. And last week, the court continued...more

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