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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CFPB Finds UDAAP and FDCPA Violations in Debt Collection Supervisory Exams

The CFPB Tuesday released its Supervisory Highlights report for Fall 2014. Among the highlights were recent examinations of larger market participant debt collectors resulting in identification of “an unfair practice and several violations of the Fair Debt Collection Practices Act” involving convenience fees, threats of litigation, bad training materials, and debt sales practices.

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Republican Senate Majority Would Increase Scrutiny of the CFPB, But Result in Few Changes

With a little more than a week to go before the Congressional mid-term elections, attention is shifting away from the potential results to what the outcome might mean for governance. If the Senate changes hands, committees will get new leaders, including the one that oversees the CFPB. Will the Senate behave like the House over the past two years in its oversight? Unlikely.

awards

Consumer Relations Consortium Sponsors 43rd Annual Consumer-Action Awards Event

Last week I attended Consumer-Action’s 43rd Annual Awards Event, along with Rob Meck, CEO of Premiere Credit and Tim Heber, Compliance Officer of FIS Global. We represented the Consumer Relations Consortium (CRC), which was a sponsor of the event along with Google, CapitalOne, Credit.com, TracFone, Amazon, AT&T, Microsoft, and Time Warner Cable.