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).

apartments

Collector Settles Class Action for $50,000; Plaintiffs’ Attorneys Take $40,000

A federal judge in New Jersey last week approved the settlement of a class action lawsuit against a collection agency over the validation language the firm used in a letter to a consumer. The settlement calls for the debt collection firm to pay $9,500 to the lead plaintiff and potential class of 225 consumers, with the plaintiffs’ attorneys receiving $40,000.

Courtroom

Bad Faith FDCPA Case Leads to Win for Defendant

The underlying putative class action complaint was filed in state court and removed by the defendants who then filed a motion to dismiss. The District Court granted the unopposed motion to dismiss and the subsequent motion for reconsideration filed by the plaintiff. The motions were granted due to the fact that, “Counts I through V are clearly barred by the FDCPA’s one-year statute of limitations and Count VI is insufficient to sustain a common law negligence claim and is additionally precluded by Missouri’s economic loss doctrine.” Id. at *2.

Study Guide

DBA International’s Introductory Survey Course on Debt Buying Available 24/7 Online

DBA International’s Introductory Survey Course on Debt Buying is now available online. Individuals seeking their Certified Receivables Compliance Professional (CRCP) designation or wanting to gain additional professional education can view the recording from the 2014 DBA Annual Conference via DBA’s website 24/7. The Introductory Survey Course is required for individuals seeking their CRCP designation through […]

judges-bench-gavel

Pa. Judge: Consumers Must Know Their Right to Challenge a Debt

A Pennsylvania federal judge Tuesday denied debt collector North Shore Agency Inc.’s motion to dismiss a putative class action lawsuit. The case alleges that North Shore Agency Inc. obscured language advising consumers of their rights to challenge their debts. In his opinion, U.S. District Judge Gene Pratter noted potential holes in the Fair Debt Collection […]