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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Podcast: Should Debt Collectors Email Consumers?

The issue of whether debt collectors may email consumers is finally being given serious consideration by regulators. The latest podcast from John Rossman and Mike Poncin of Moss & Barnett drills down into the current legal landscape regarding the use of email for debt collection communication and provide specific steps for collection agencies to begin the use of email to contact consumers.

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FTC Workshop Tomorrow – Putting Disclosures to the Test

The Federal Trade Commission’s workshop “Putting Disclosures to the Test” is taking place tomorrow, Sept. 15, 2016, in Washington. The workshop will feature research on the effectiveness of disclosures made to consumers in a variety of areas from advertising to privacy policies. According to the workshop announcement, the FTC has a long commitment to understanding […]

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Stellar Recovery Secures Milestone Victory in TCPA Case

JACKSONVILLE, Fla. — Stellar Recovery secured an important court victory this month which significantly reduces the legal risk associated with the use of telephone dialing technologies to contact consumers. As those in the collection industry are well aware, the Telephone Consumer Protection Act (“TCPA”) prohibits the use of automatic telephone dialing systems (“ATDS”) when calling cellular telephones. Just what […]

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DC Circuit Rejects FDCPA ‘Meaningful Involvement’ and Related State-Law Claims

The U.S. Court of Appeals for the District of Columbia recently held that, under the FDCPA, a collection letter from a law firm did not misrepresent any meaningful involvement by an attorney. Because the letter clearly stated that the law firm was acting as a debt collector, and that no attorney with the law firm had reviewed the debtor’s account, the D.C. Circuit held the letter was not deceptive as a matter of law.