Popular, FDCPA | JD Supra

CFPB Brings String of Enforcement Actions to Round Out 2023

Sheppard Mullin Richter & Hampton LLP on 1/29/2024

In December, the CFPB brought a series of three separate enforcement actions against several financial services companies alleging a range of violations of federal consumer protections laws....more

The Fuss About Junk Fees, Pt. 1: Biden, CFPB, and FTC Collaborate

McGlinchey Stafford on 7/20/2023

Anyone who has financed the purchase of a good or service, had a bank account, bought a car, or purchased sporting event tickets has almost assuredly encountered what the Biden Administration and various regulatory agencies...more

District Court: Collection can resume after debt is verified

Orrick, Herrington & Sutcliffe LLP on 4/10/2023

On March 24, the U.S. District Court for the Southern District of Illinois granted defendants’ motion for summary judgment in an action concerning whether the defendants failed to adequately validate plaintiff’s debt....more

Wiley Consumer Protection Download (September 20, 2022)

Wiley Rein LLP on 9/21/2022

Regulatory Announcements- FTC Holds September Open Commission Meeting and Votes to Approve Government and Business Impersonation Fraud NPRM, Gig Work Policy Statement, and Dark Patterns Report. On September 15, the FTC held...more

CFPB Targets Convenience Fees

Cooley LLP on 7/11/2022

On June 29, 2022, the Consumer Financial Protection Bureau issued an advisory opinion declaring that the Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from collecting “pay-to-pay” or convenience fees...more

Wiley Consumer Protection Download (January 24, 2022)

Wiley Rein LLP on 1/25/2022

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

New York federal court dismisses six class action cases alleging FDCPA violations in reliance on Hunstein

Ballard Spahr LLP on 7/30/2021

A New York federal district court has dismissed for lack of Article III standing six class action cases alleging that debt collectors violated the FDCPA by sharing data about the plaintiffs’ debts with mailing vendors. In...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

Carlton Fields on 6/18/2021

Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - May 2021 #2

Troutman Pepper on 5/12/2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

CFPB Enacts New Protections for Tenants Under the CDC Eviction Moratorium

Cohen Seglias Pallas Greenhall & Furman PC on 4/30/2021

On April 16, 2021, the Consumer Finance Protection Bureau (CFPB) issued an Interim Final Rule which, effective May 3, 2021, requires all “debtor collectors” pursuing an eviction to provide written notice to the tenant(s) of...more

Circuit Court: Use Of Third-Party Mailing Vendors By Debt Collectors And Creditors Violates Federal Law

Fox Rothschild LLP on 4/29/2021

In a decision sending shockwaves through the debt-collection and mailing industries, the U.S. Court of Appeals for the 11th Circuit ruled last week that a debt collection company violated the Fair Debt Collection Practices...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter #4

Troutman Pepper on 4/27/2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

The Hunstein Effect – Examining the Eleventh Circuit’s Ruling and What’s Next for Debt Collectors and Their Third-Party Service...

Blank Rome LLP on 4/27/2021

The U.S. Court of Appeals for the Eleventh Circuit has delivered a novel and highly consequential interpretation of the Fair Debt Collection Practices Act that is potentially transformative for debt collectors and their...more

CFPB Issues Debt Collection Interim Final Rule Due to the Ongoing COVID-19 Pandemic

Blank Rome LLP on 4/23/2021

The CFPB’s interim final rule amends Regulation F to, among other things, (i) require debt collectors to provide written notice to certain consumers about the CDC’s temporary eviction protections; and (ii) prohibit debt...more

11th Cir. rules FDCPA restriction on third-party communications applies to debt collector’s transmittal of debtor’s personal...

Ballard Spahr LLP on 4/22/2021

In a very troubling decision of first impression, a unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled that a debt collector’s transmittal of the plaintiff’s personal information to the vendor it...more

CFPB Settles with Yorba Capital Over Debt Collection Litigation Notices

Troutman Pepper on 4/15/2021

On April 6, the Consumer Financial Protection Bureau (CFPB) issued a consent order against California-based debt collector Yorba Capital Management LLC and its sole owner Daniel Portilla, Jr. for violating the Consumer...more

COVID Relief Updates: Mortgages, Debt Collection, And Student Lending

McGlinchey Stafford on 2/10/2021

Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place...more

CFPB Issues Small Entity Compliance Guide on Debt Collection Rule

Troutman Pepper on 2/8/2021

On January 21, the CFPB issued a Small Entity Compliance Guide summarizing the October 2020 Debt Collection Rule. The Debt Collection Rule amends Regulation F, 12 CFR Part 1006 and becomes effective on November 30, 2021. The...more

In the Strangest Year Ever, We’re Very Thankful and Wish You a Happy Thanksgiving

Bradley Arant Boult Cummings LLP on 11/30/2020

As everyone steps away from their (home) office to celebrate Thanksgiving, we wanted to count our blessings as we review this truly remarkable and unusual year. In addition to frontline healthcare workers, good WI-FI, food...more

Technology: The Key to Consumer Digital Engagement Under the Final Debt Collection Rule

Clark Hill PLC on 11/11/2020

The Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”) Final Rule for Debt Collection (Final Rule) not only provides industry with a much-needed (and long-awaited) framework for the interpretation of the Fair Debt...more

The City that Never Sleeps on Debt Collection: A Primer on New York City's Debt Collection Regulations

Hudson Cook, LLP on 10/2/2020

The New York City Department of Consumer and Worker Protection ("DCWP") (formerly the Department of Consumer Affairs) promulgated new debt collection rules this spring to provide protections to consumers with limited English...more

U.S. Supreme Court Rejects Application of “Discovery Rule” to Statute of Limitations Under FDCPA, but Leaves Open Possibility of...

Locke Lord LLP on 12/12/2019

On December 10, 2019, the United States Supreme Court issued its decision in Rotkiske v. Klemm, holding that, absent application of an equitable doctrine, the statute of limitations for a claim under the Fair Debt Collection...more

Should I Stay or Should I Go? Bankruptcy Preemption May Bar FDCPA and FCCPA Claims Either Way

Carlton Fields on 11/14/2019

After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more

CFPB Summer 2019 Supervisory Highlights looks at GAP products, credit card practices, debt collection, furnishing to consumer...

Ballard Spahr LLP on 9/23/2019

The CFPB has released the Summer 2019 edition of its Supervisory Highlights. The report discusses the Bureau’s examination findings in the areas of automobile loan originations, credit card account management, debt...more

A Closer Look at the CFPB’s Proposed Debt Collection Rules – Part Four: Other Conduct Provisions

Alston & Bird on 9/9/2019

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

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