The number of lawsuits filed by consumers under the Fair Debt Collection Practices Act (FDCPA) increased in January compared to the same period in 2014. Lawsuits citing violations of the Telephone Consumer Protection Act (TCPA) were down in year-over-year comparison. It reverses a trend from the past three years, but 2015 is still young.
A long-established exception to the FDCPA’s “least sophisticated consumer” standard has been communications with consumers’ attorneys. Because how could it be argued that an attorney is not “sophisticated?” But a recent Circuit Court ruling opened new ground on that front when it found that some communications with attorneys should be held to the standard.
Credit card giant American Express last week saw a judge in Illinois deny its motion to dismiss a TCPA class action lawsuit that argues the financial services company is directly liable for damages under the statute even though it did not make the calls in question.
Last week, New York attempted to clarify some of its new debt collection regulations. While helpful, DBA International is presenting an opportunity this week for real answers to lingering questions.
A bill introduced in the New York State Senate last week would make it illegal for debt collectors and original creditors to use social media in their collection efforts. The bill uses vague language in its prohibitions, but its intent is very clear.
Recently there has been some confusion in the industry about authorizations for Preauthorized ACH and Debit Card payments under Regulation E and NACHA regulations. Some sources are distributing incorrect information. PaymentVision has prepared a detailed
analysis of these requirements, relying on and quoting only authoritative sources.
The CFPB’s Consumer Advisory Board (CAB) meeting in Washington, DC Thursday was used as a platform to reiterate the Bureau’s focus on matters dealing with consumer credit reporting and medical debt, specifically how it is collected and appears on credit reports.
The New York Superintendent of Financial Services has released a 16-question FAQ to aid debt collectors, including third-party debt collectors and debt buyers, in adhering to 23 NYCRR 1, a regulation that reforms New York’s debt collection practices.
A federal judge recently noted in an opinion that the FDCPA is not a game, admonishing a consumer and their attorney for bringing a lawsuit against a collection agency. But a recent class action settlement, combined with others similar to it every day, show that the statute is the playing field in a big game between ARM firms and plaintiffs attorneys.
The National Association of Retail Collection Attorneys (NARCA) has announced that early registration for the NARCA 2015 Spring Collection Conference in Nashville, May 6-9, is now available through March 25th. Early registration provides a discounted rate for NARCA members, non-members, credit grantors and clients.