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CFPB Outlines Debt Collection Rulemaking Proposals

The Consumer Financial Protection Bureau (CFPB) has released its long-awaited Outline of Proposed Rules governing third-party debt collectors. The proposal, released in advance of today’s 2:00 PM EDT CFPB Debt Collection Field Hearing in McClellan Park, California, is 117 pages and covers a wide range of topics that had been raised nearly three years ago […]

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Ninth Circuit Court of Appeals Rules – Failure to Specifically State “This Communication is From a Debt Collector” is Not FDCPA Violation

Yesterday, the Court of Appeals for the Ninth Circuit reversed a decision from a district court in a bench trial that a collection law firm had violated the Fair Debt Collection Practices Act (FDCPA) by failure to specifically state in a voice message: “This communication is from a debt collector.” The case is Davis v. […]

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Judge Cites “Zone of Interests” Protections, Dismisses “Nomorobo” TCPA Lawsuit

On August 8, 2016 a Federal Judge in Illinois dismissed a Telephone Consumer Protection Act (TCPA) case by determining that the Plaintiff in the matter was not an individual or entity in the “zone of interests” intended to be protected by the TCPA. The Plaintiff in the case, Telephone Science Corporation (TSC) is the operator of a service called “Nomorobo.” On the website the company claims they have stopped over 125,504,140 robocalls. In 2013, the FTC declared Nomorobo a winner of its contest to “design a system to stop unsolicited telemarketing calls before the calls can ring through to the subscriber of the called telephone number.”

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

When collectors get sued in an FDCPA action, they face a steep uphill battle. Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability.” However, courts have gradually been demanding more and have rejected suits based on hyper-technicalities.

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CFPB Announces New Appointments to Consumer Advisory Board; No ARM Industry Representation

Last Friday the Consumer Financial Protection Bureau (CFPB) announced new appointments to its Consumer Advisory Board (CAB), as well as its other advisory Councils. The Dodd-Frank Wall Street Reform and Consumer Protection Act charges the CFPB with establishing a Consumer Advisory Board to advise and consult with the Bureau’s Director on a variety of consumer […]

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GAO Report Says CFPB Small Business Panels Could Be More Effective

The United States Government Accountability Office (GAO) released a report last week that found that small business representatives (SERs) participating in the Consumer Financial Protection Bureau’s (CFPB) recent SBREFA processes thought they were too rushed. According to the report, the Regulatory Flexibility Act requires CFPB to convene Small Business Review Panels (also known as SBREFA panels) for rulemaking efforts […]

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FCC Releases Rules Limiting Federal Government Debt Collection Calls

Yesterday the FCC released its Final Rules to implement an amendment passed by Congress in the Bipartisan Budget Act of 2015. Published two weeks after the CFPB published its Outline of Proposed Rules governing debt collection, we now see the possibility that rules on calls to collect government debt could be more restrictive than calls to collect other types of debt.

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Court Affirms Dismissal of Crawford Case for FDCPA ‘Time-Barred’ Proof of Claim, Case Was Itself ‘Time-Barred’

This article was originally published on the Maurice Wutscher blog and is republished here with permission. On July 10, 2014, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Crawford v. LVNV Funding, LLC. That opinion began by decrying the “deluge” of proofs of claim filed by debt buyers on debts that are unenforceable […]

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7th Cir. Deepens Split on FDCPA Liability for ‘Time-Barred’ Claims

This article was originally published on the Maurice Wutscher blog and is republished here with permission. Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court […]

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FDCPA Safe Harbor Buried within CFPB Mortgage Rules

On August 4, 2016 the CFPB released a rule providing safe harbors from liability under the FDCPA for certain actions taken in compliance with mortgage servicing rules, but after the consumer has made a cease communication request. This will interest the ARM industry more broadly as it may signal a willingness to provide safe harbor where notification requirements are in conflict with the consumer’s interests.

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TransUnion’s TLOxp and Interactive Intelligence ARM Solution Integrate to Improve Right Party Contact Rates

CHICAGO, Ill. – TransUnion and Interactive Intelligence announced today that TransUnion’s TLOxp® has integrated with accounts receivable management solution, Interaction Collector®. This integrated solution will help organizations improve right party contact rates by giving them access to unique data elements, such as one best phone number, best address, and place of employment. TLOxp offers actionable information that can […]

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NACS Joins in the Solution – Stop Soldier Suicide

CHATTANOOGA, Tenn. - North American Credit Services has committed to join in the solution to Stop Soldier Suicide, national campaign this September. “Sometimes our service men and women come home wounded inside and out,” states NACS Chief Executive Officer Dallas S. Bunton, Sr. “Possibly while in other countries America’s heroes have lost wives, families and their […]

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Executive Change: PDCflow Welcomes Matt Thomas to the Customer Success Team

OGDEN, Utah - In today’s business environment, excellent Customer Service is vital for success. The leadership team at PDCflow recognizes the importance to strive for excellence in Customer Support and acknowledges that the people on the Customer Success Team are the cornerstone in moving toward that achievement.  With this in mind, PDCflow is extremely pleased to […]

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Court Denies Professional TCPA Plaintiff’s Request to Amend Prior Judgment and Remand Case to State Court

Repeat Plaintiff Melody Stoops recently asked a judge to modify her order to remand her case to state court, where she could re-litigate her recent Telephone Consumer Protection Act (TCPA) case – a case that had just been dismissed by a Pennsylvania District Court. The case hinged on technicalities and the limits of legal definitions, but ultimately the court denied her request.

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Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop the messages on 17 occasions. Defendant moved for summary judgment, contending the messages were not sent using an Automatic Telephone Dialing […]

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FactorTrust Hires Barbara Sinsley as General Counsel and Chief Compliance Officer

The Alternative Credit Bureau Makes Strategic Addition as it Sharpens Focus on Compliance ATLANTA – FactorTrust, The Alternative Credit Bureau, announces the addition of Barbara Sinsley, general counsel and chief compliance officer, as part of the company’s commitment to compliance. Sinsley will provide FactorTrust with legal and regulatory guidance and manage the company’s internal and […]

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Wells Fargo Reaches Settlement with CFPB Over Alleged Illegal Student Loan Servicing Practices

Yesterday, the Consumer Financial Protection Bureau (CFPB) announced that it had agreed to a Consent Order with Wells Fargo Bank, N.A. (Wells Fargo) relating to Student Loan Servicing Practices.  The Consent Order was reached after the CPFB had brought an action against Wells for illegal private student loan servicing practices that increased costs and unfairly […]

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District Court Rules in Favor of Bank in Mandatory Arbitration Case

Mandatory arbitration provisions have been a hot topic for Consumer Financial Protection Bureau (CFPB) regulators, with the Bureau publishing proposed rules that would prohibit mandatory arbitration clauses. The topic has come up again in Beattie v. Credit One Bank, a new case from the U.S. District Court for the Northern District of New York (Case No. 5:15-cv-1315 (LEK/TWD).