Earlier today we reported that the CFPB has taken the long-awaited next step in debt collection rulemaking activity by releasing an Outline of Proposed Rules in advance of the required Small Business Regulatory Enforcement Fairness Act (SBREFA) consultation process. The formal SBREFA hearing is scheduled for the week of August 22. The Outline of the CFPB’s […]
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 […]
Agenda and panelists just announced for CFPB debt collection field hearing on Thursday, July 28.
Encore Capital Group, Inc. subsidiary Midland Credit Management Inc. (Midland), and several related companies have agreed to a settlement in multi-district TCPA litigation accusing the Defendants of violating the TCPA when trying to reach debtors. This is the fourth large TCPA settlement in July alone.
Last Friday, Tom Wheeler, Chairman of The Federal Communications Commission (FCC) published a blog entitled “Cutting off Robocalls.” The portion of the piece that has received the most media attention was this: “In regard to the Commission’s expectations that carriers respond to consumers’ blocking requests, I have sent letters to the CEOs of major wireless and […]
In an opinion issued yesterday, the Ninth Circuit Court of Appeals reversed a district court’s summary judgment in favor of the defendant in an action under the FDCPA. The panel held that the validation notice is required of both the initial debt collector, as well as subsequent collectors that communicate about the same debt.
CFPB argues that concrete harm occurred in FCRA case remanded by Supreme Court to Ninth Circuit.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed in part a trial court’s ruling granting summary judgment in favor of a debt buyer, its affiliated debt collector and their parent company, holding that a reasonable jury could find that the defendants willfully violated the FCRA when they reported two charged-off debt accounts as “verified” without obtaining sufficient documentation that the debts in fact belonged to the plaintiff.
In a non-industry-related TCPA class-action suit, a district court found in favor of the defendants, specifically citing Spokeo and the plaintiff’s inability to produce evidence of actual damages. Spokeo is proving to be the next-best-thing to actual TCPA reform, and seeing its use in cases outside the debt industry is promising.
Two debt collectors and three companies charged with using false threats and other illegal collection tactics are banned from the debt collection business under a settlement with the Federal Trade Commission, which charged them as part of Operation Collection Protection, an ongoing federal-state-local crackdown on collectors that use deceptive and abusive collection practices. In October 2015, […]