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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New FDCPA Requirement for Debt Verification: Is There More to the Story?

A recent Circuit Court opinion examined the issue of what constitutes adequate verification in the context of multiple requests for validation by the consumer focused on a specific portion of a debt. While it has been argued that the case requires a debt collector to provide itemized statements whenever any request for validation is received, this interpretation is not borne out by a careful reading of the case and other applicable precedent.

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Circuit Court Upholds Award of Fees for Defendant in an Absolutely Crazy FDCPA Case

The 8th Circuit Court of Appeals Friday upheld a lower court’s ruling that a defendant collection agency was entitled to some $33,000 in attorney’s fees and costs in an FDCPA case found to be brought in bad faith and specifically for the purpose of harassment.

Is that interesting enough? No? Well, it involved an outspoken consumer advocate’s gloating posts on a debtor-focused message board, posts that ultimately led to the awarding of fees.

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CSS IMPACT! Announces Compliance Suite 2014 Webinar Series

Join CSS IMPACT! HD 2.0 Compliance Suite Webinars, showcasing the latest new technologies for compliance. Wondering what industry leaders are doing to prevent breaches in compliance? New Agency Technologies Preventing Compliance Exceptions as they happen Adopting Compliance Management Tools as Backup Leveraging CSS’s Compliance on Demand Patented Technology, CSS IMPACT! 2.0 offers the industry’s first […]

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State of Idaho Issues Guidance for Licensed Collection Agencies

The Idaho Department of Finance recently issued guidance to assist licensed collection agencies in complying with the Idaho Collection Agency Act. The department issued the guidance in response to an Idaho Supreme Court decision that impacts the way collection agencies are required to operate under the provisions of the act. The Supreme Court decision specifically addressed a collection agency’s ability to collect fees and other charges related to a consumer’s debt.

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Join LiveVox Counsel and Audit Experts for TCPA/CFPB Chat

LiveVox Inc., the leading provider of cloud contact center solutions for enterprise operations, announced that its In-House Counsel, Mark Mallah, will join audit consultants to discuss the top questions asked and strategies created by today’s ARM contact center leaders in response to TCPA and CFPB pressures. The webinar takes place Wednesday, September 17th at 2:30pm EDT/ 11:30 am PDT.