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Unfair or Deceptive Trade Practices Debt Collectors

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Troutman Pepper

9 Consumer Finance Issues to Note From CFPB Report

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In July, the Consumer Financial Protection Bureau published a report highlighting various unfair, deceptive, and abusive acts or practices it claims to have uncovered during its supervisory examinations from July 2022 to...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts AG settles with household goods rental company for unfair debt collection practices

On November 28, the State AG of Massachusetts filed an assurance of discontinuance with a household goods rental company for unfair and deceptive debt collection practices. The company offers household goods under a...more

Wiley Rein LLP

Wiley Consumer Protection Download (May 23, 2023)

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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

Wiley Rein LLP

Wiley Consumer Protection Download (March 27, 2023)

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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

Burr & Forman

The Tenth Circuit Adopts the “Reasonable Consumer” Standard for FDCPA Claims

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In Tavernaro v. Pioneer Credit Recovery, Inc., No. 2:20-CV-02141-KHV-ADM, 2022WL3153234 (10th Cir. Aug. 8, 2022), the Tenth Circuit recently held that violations of the Fair Debt Collection Practices Act (“FDCPA”) are to be...more

Goodwin

CFPB and NY AG Reach $4 Million Settlement with Debt Collectors

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On May 23, 2022, the Consumer Financial Protection Bureau (CFPB) and the New York Attorney General (NY AG) announced that they have settled a case filed against six New York debt collection companies and affiliated...more

Nelson Mullins Riley & Scarborough LLP

Responding to Automatic Stay Violations: A Cautionary Tale for Overzealous Debtors’ Attorneys

The filing of a bankruptcy petition under any chapter of the Bankruptcy Code creates the ‘automatic stay,’ which prevents creditors from taking any further action against either the debtor or the debtor’s assets during the...more

Goodwin

West Virginia AG Files Suit to Block New York Debt Collection Company from Doing Business in West Virginia

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On September 23, 2021, the West Virginia Attorney General’s Office (AG) announced  that it had filed a complaint  against a New York-based debt collection agency for violations of the West Virginia Consumer Credit and...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 33 | August 2021

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Expensive Pets: Scammer Sells Badly Behaved...more

Cozen O'Connor

Debt Collector Pays $1.6 Million Over Allegations Of Too-Frequent Collections Calls And Inadequate Notices To Debtors

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Massachusetts AG Maura Healey reached a settlement with online short-term installation loan servicer Avant, LLC and related entities (collectively “Avant”) to resolve allegations that it used abusive debt collection practices...more

Goodwin

CFPB Decides Not To Delay Debt Collection Rules

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On July 30, 2021, the Consumer Financial Protection Bureau (CFPB) announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as originally planned, on November 30, 2021,...more

Cozen O'Connor

Debt Collector To Return $477,000 To Washington Consumers In AG Settlement

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Washington AG Bob Ferguson reached a settlement with Denver-based collection agency Machol & Johannes, LLC and its present and former owners (collectively “M&J”) to resolve allegations that the company engaged in unlawful...more

Goodwin

Indiana AG Secures $1.3 Million Default Judgment Against Illinois-based Debt Collector

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On Ap​ril 14, 2021, the Indiana Attorney General (Indiana AG) announced that his office obtained a default judgment against an Illinois-based debt collection agency and the agency’s owner. The original complaint filed by the...more

Cozen O'Connor

Debt Collection Agency Hit With $1.3 Million Default Judgment Over Unlicensed Collections Activity

Cozen O'Connor on

Indiana AG Todd Rokita obtained a default judgment and a permanent injunction against debt collection agency New Britain Financial, LLC (“NBF”) and its owner Nelson Macwan for allegedly acting as a collector without a license...more

Manatt, Phelps & Phillips, LLP

Regulation by Blog or Press Release?

CFPB Acting Director Warns of Enforcement on ‘Ability to Repay’ and Residential Evictions - In two recent communications, the Consumer Financial Protection Bureau (CFPB or Bureau) acting director is signaling that the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Old Debts and Flight Attendants

This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law.  In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do Not Apply to Transactions Paid...

The United States Court of Appeals for the Fourth Circuit recently decided that claims based on Article 2 of the West Virginia Consumer Credit and Protection Act ("WVCCPA"), including claims based on its FDCPA-like debt...more

Hudson Cook, LLP

CFPB Bites of the Month - December Top 20

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Each month, we host a 30-minute webinar outlining the month's key announcements and takeaways from the CFPB to be considered by financial services providers. It was a particularly busy month at the CFPB, so as an extra...more

Buchalter

California Enacts Consumer Debt Collector Licensing Administered by DFPI

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During the 2019 legislative session, California enacted SB 908 – the Debt Collection Licensing Act, Financial Code Division 25, Sections 100000, et seq., requiring consumer debt collectors who are collecting on their own...more

Ballard Spahr LLP

The CFPB’s final collections rule: initial impressions

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On October 30, the CFPB released “part one” of its long-awaited final collections rule, which restated and clarified certain prohibitions on harassment and abuse, false or misleading representations, and unfair practices by...more

Ballard Spahr LLP

California legislature passes bills requiring licensure of debt collectors

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As part of California’s recent triad of consumer financial services legislation, including AB-1864, which creates the Department of Financial Protection and Innovation and the California Financial Protection Law, and AB-376,...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

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

Womble Bond Dickinson

Massachusetts’s Ban on Debt Collection Calls During COVID-19 Struck Down as Unconstitutional

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In ACA Int’l v. Healey, No. CV 20-10767-RGS, 2020 WL 2198366 (D. Mass. May 6, 2020), the District Court in Massachusetts struck down the State Attorney General’s emergency ban on debt collection calls and lawsuits during the...more

Burr & Forman

District of Massachusetts Enjoins Massachusetts’ Attorney General from Prohibiting Collection Calls

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On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against...more

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