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Licensing Rules Debt Collection

Shipkevich PLLC

Connecticut Supreme Court Clarifies Attorney Exemption in Debt Negotiation Enforcement Action

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On April 8, 2025, the Connecticut Supreme Court, in Commonwealth Servicing Group, LLC v. Department of Banking, issued an opinion that only attorneys and law firms are permitted to claim the attorney exemption from the...more

Troutman Pepper Locke

Indiana Federal Court Dismisses FDCPA Suit Alleging Violations for being an Unlicensed Debt Collector

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In a recent decision from the U.S. District Court for the Northern District of Indiana, the court granted a motion to dismiss in favor of a debt collection law firm and one of its attorneys who were not licensed as debt...more

Shipkevich PLLC

North Carolina Legislative Alert: Lawmakers Propose Act to License, Examine, and Regulate Debt Settlement Services

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On March 25, 2025, North Carolina Senators Johnson (R), Overcash (R), and Jackson (R) as primary sponsors introduced Senate Bill 491 (“S.B. 491” or the “Bill”), which seeks to license, examine, and regulate debt settlement...more

Shipkevich PLLC

New York and Washington Propose Legislative Amendments to Regulate Debt Settlement Companies

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Washington - On January 24, 2025, Washington Representatives Reeves (D), Corry (R), and Walen (D) introduced House Bill (HB) 1599, which seeks to amend the state’s existing debt adjusting act. Currently, the Washington law...more

Sheppard Mullin Richter & Hampton LLP

California DFPI Rolls Out Registration Requirements for Debt Settlement, EWA, and Student Loan Relief Providers

On October 22, the California DFPI announced the state’s approval of registration regulations enacted under the CCFPL, which will require providers of (1) debt settlement services, (2) education financing, (3) income-based...more

Orrick, Herrington & Sutcliffe LLP

DFPI proposes amendments to regulations under the California Debt Collection Licensing Act

On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed...more

Orrick, Herrington & Sutcliffe LLP

Nevada expands collection agency licensing requirements

On June 16, the Nevada governor signed SB 276 (the “Act”) to revise certain provisions relating to debt collection agencies and make amendments to the state’s collection agency licensing law. While existing law requires...more

Troutman Pepper Locke

A Discussion with Nacha on Proposed Rulemaking Regarding Fraud - Payments Pros: The Payments Law Podcast

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Troutman Pepper’s Payments Pros podcast offers insights from Troutman Pepper Fintech and Payment practice group attorneys, industry business leaders, and regulatory experts on the most challenging legal and regulatory...more

Orrick, Herrington & Sutcliffe LLP

Collection agency to pay $10k for operating without a license

On March 21, the Connecticut Department of Banking fined a collection agency $10,000 and ordered it to cease and desist from collection agency activity for operating without a valid license. According to the order, the...more

Orrick, Herrington & Sutcliffe LLP

DFPI clarifies licensing provisions for several state laws

The California Department of Financial Protection and Innovation (DFPI) recently filed a notice of proposed rulemaking with the Office of Administrative Law, seeking to add several sections to Title 10, Chapter 3 of the...more

Shipkevich PLLC

California DFPI Proposes Regulation to Implement Registration Requirements for Entities Covered Under California Consumer...

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The California Consumer Financial Protection Law (“CCFPL”), established in September of 2020 under Governor Newsom, augmented the Department of Financial Protection & Innovation’s (“DFPI”) authoritative ability by increasing...more

Orrick, Herrington & Sutcliffe LLP

Wyoming to regulate debt buyers as collection agencies

On February 27, the Wyoming governor signed HB 284, which requires debt buyers to be licensed as “collection agencies” beginning July 1. Under the act, a collection agency now includes any person who operates as a debt buyer,...more

Orrick, Herrington & Sutcliffe LLP

DFPI takes action against five debt collectors

On January 30, the California Department of Financial Protection and Innovation (DFPI) announced enforcement actions against five separate debt collectors for unlicensed activity under the Debt Collection Licensing Act (DCLA)...more

Ballard Spahr LLP

Bill to extend the California Debt Collection Licensing Act’s grace period provisions sent to Governor for review

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On August 31, 2022, the California Senate voted to approve House Assembly Bill 156, and sent the bill to Governor Newsom for consideration and potential signature.  If it becomes law, the bill would amend the existing...more

Sheppard Mullin Richter & Hampton LLP

DFPI Second Rulemaking Proposal on Debt Collection Licensing

On July 15, the California DFPI released draft text for a proposed second rulemaking under the Debt Collection Licensing Act (DCLA) relating to the scope, annual report, and bond amount increase provisions of the DCLA....more

Venable LLP

California DFPI Issues Proposed Rulemaking on the Debt Collection Licensing Act

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The California Department of Financial Protection and Innovation (DFPI) recently issued an invitation for comments on a proposed second rulemaking to implement aspects of California's Debt Collection Licensing Act (DCLA)...more

Ballard Spahr LLP

California DFPI issues draft text for second rulemaking under Debt Collection Licensing Act

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As discussed in an earlier blog post, the California Department of Financial Protection and Innovation (“DFPI”) issued an Invitation for Comments on the Proposed Second Rulemaking under the Debt Collection Licensing Act...more

Troutman Pepper Locke

California Requests Feedback on Proposed Debt Collection Regulations Impacting Licensing, Reporting, and Records

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On July 15, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on proposed additions to regulations implementing the Debt Collection Licensing Act (DCLA). According to...more

Troutman Pepper Locke

California Updates Debt Collectors on Processing Delays

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On May 23, California’s Department of Financial Protection and Innovation (DFPI or Department) sent an email notifying license applicants and prospective license applicants that the issuance of licenses under the Debt...more

Allen Matkins

Confusion Abounds Over Scope Of Debt Collection Licensing Act

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California's new Debt Collection Licensing Act, Cal. Fin. Code § 100000 et seq., took effect on January 1, 2022.  However, the legislature's inartful and inconsistent draftsmanship has resulted in a great deal of uncertainty...more

Miles & Stockbridge P.C.

Time to Submit Comments for the Regulation to the New California Debt Collection Licensing Act

Last month, the California Department of Financial Protection and Innovation (the "DFPI") published a notice inviting comments for its second rulemaking regarding the rules that will be promulgated under the new California...more

Hudson Cook, LLP

Massachusetts Issues Student Loan Servicing Conduct Rules

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In last month's issue of Insights we discussed a new licensing regime in the Commonwealth of Massachusetts specific to student loan servicers. As of the publication date of that article the rules such servicers must follow...more

Hinshaw & Culbertson - Consumer Crossroads

Proposed California Debt Collection Licensing Regulations Raise Scope Concerns

Last month, the Department of Financial Protection and Innovation (DFPI) published proposed regulations under the Debt Collection Licensing Act (DCLA). The regulations largely address procedural matters related to obtaining a...more

McGlinchey Stafford

Massachusetts Enacts Student Loan Servicer License Requirement

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On January 14, 2021, the governor of Massachusetts signed H 5250 into law, which includes a licensing requirement applicable to student loan servicers, and other requirements related to the regulation and supervision of...more

Clark Hill PLC

Collection Agency Licensing is Coming to California

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On Sept. 25, California’s Governor Newsom signed into law Senate Bill 908 enacting California’s Debt Collection Licensing Act or DCLA. Enforcement of the law begins Jan. 1, 2022, and regulations interpreting the law are...more

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