Collection Laws and Regulations Feed Link

Collection Laws and Regulations

Debt collectors are regulated by the FTC on the federal level. At the state level, attorneys general are typically responsible for enforcing state and federal laws. A few local governments also separately regulate debt collectors.

The laws that govern the ARM industry are civil, meaning that liability is almost always monetary. So a state’s attorney general will not file criminal charges against a debt collector accused of violating the law, rather, he/she will sue for damages. Collection laws include federal and state statutes that govern the proper operation of companies and personnel that work in the debt collection industry. The most comprehensive collection law is the Fair Debt Collection Practices Act (FDCPA). Other federal laws that collectors must follow include the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and the data security requirements of the Gramm–Leach–Bliley Act (GLBA).

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9th Cir. Holds Discovery Rule Applies in All Types of FDCPA Cases

This article was originally published on the Maurice Wutscher blog and is republished here with permission. The U.S. Court of Appeals for the Ninth Circuit recently held that the discovery rule applies equally regardless of the nature of the federal Fair Debt Collection Practices Act (FDCPA) violation alleged by a plaintiff. Therefore, according to the Ninth Circuit, […]

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Judge Slashes Consumer Attorney’s Fee Request After Accepted Offer of Judgment

A federal Judge from the Eastern District of Tennessee has dramatically reduced a consumer attorney’s request for an award of attorney’s fees and costs in Fair Debt Collection Practices Act (FDCPA) cases involving an accepted Offer of Judgment.  The cases were LaPointe v. Midland Funding, LLC (Case Nos. 2:15-CV-171 and 2:15-CV-172, United States District Court, […]

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Cost of Financial Regulation Passed along to U.S. Businesses, Study Finds

More than 75% of American companies are finding that it’s “harder for them to access the financial services they need” in the wake of increased federal financial regulation. That’s according to a new study by the U.S. Chamber of Commerce, who surveyed “more than 300 corporate financial professionals” from “companies of all sizes” about their […]

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How the FCC Misinterpreted Congress’ Mandate for the TCPA Debt Collection Exemption

Last year, the TCPA statute was amended allowing an exemption for calls made to collect a debt owed to the United States. The amendment also directed the FCC to develop rules that “may restrict or limit the number and duration of calls made to a number assigned to a cellular phone service.” …But there are two possible interpretations of “duration of calls.”

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ConServe Submits Thoughtful Response to FCC Request for Comments on TCPA Exception for Government Debts

Last week, ConServe, a leading private collection agency and federal contractor that provides services to the U.S. Department of Education and the U.S. Department of Treasury, filed comments to the FCC Notice of Proposed Rulemaking TCPA. The comments were thorough and well-reasoned. Unfortunately, the deck at the FCC is likely stacked against collectors.

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FCC Announces Anticipated Renewal Of Its Consumer Advisory Committee And Solicits Applications For Membership On The Committee

Through a public notice yesterday, the Federal Communications Commission (FCC) announced the anticipated renewal of its Consumer Advisory Committee (CAC) and solicited applications for membership, subject to renewal of the Committee’s charter. It is expected that the two-year membership term on the Committee, would commence on October 22, 2016. Applications for membership are due by 11:59 P.M., […]