This week the CFPB issued a Compliance Bulletin concerning the Electronic Fund Transfer Act and Regulation E requirements for obtaining a consumer’s authorization for preauthorized electronic fund transfers. The Bulletin also outlines the CFPB’s compliance expectations.
Earlier this month the U.S. District Court for the Middle District of Florida granted Defendant’s motion for Partial Summary Judgment in Thomas Estrella v. LTD Financial Services, LP (LTD). The Plaintiff claimed that LTD placed calls to his cell phone using an ATDS without prior consent. LTD argued that it manually dialed those calls.
As these things tend to happen on Fridays, the CFPB has once again released its latest rulemaking agenda update. The previous update, in May, extended debt collection rulemaking pre-rule activities from April 2015 until December 2015. This latest update, released today, extends debt collection pre-rule activities schedule through February 2016. According to the CFPB, the […]
In a decision filed on October 23, 2015, U.S. District Judge Katherine Polk Failla has granted Credit Management LP (CMI)’s motion to dismiss a case against the firm filed by Joy Gardner. This case represents a positive “envelope” decision in what has been a busy couple of years for collection letter rulings.
The long and winding road in the Consumer Financial Protection Bureau (CFPB) lawsuit against the Frederick J. Hanna & Associates. P.C. law firm took another turn this week. On Monday, November 16th, The Honorable Amy Totenberg, United States District Court Judge for the Northern District of Georgia, issued an order denying Hanna’s request to certify […]
SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced it will host a webinar focusing on the discussions that emerged during insideARM’s October 2015 First Party Outsourcing Dummit session, “Impact of Latest FCC Ruling on Creditor In-House and Outsourced Contact Strategies”. The event will feature the Summit’s guest […]
The FTC wrapped up its three city Debt Dialogue tour in Atlanta, Georgia yesterday afternoon with very animated “dialogues” among regulators and representatives of the credit and collections industry. The wide-ranging discussion covered communication between collectors and consumers, industry self-regulation, collection complaints, and more.
A recent Illinois bill provides a welcome fix to the Illinois Collection Agency Act (ICAA). The legislation, SB 1369, corrects amendments made to the ICAA this past August. Those amendments potentially expanded sections of the ICAA to commercial debt and would require disclosures contrary to (and possibly in violation of) the federal Fair Debt Collection Practices Act. The […]
Court documents were filed yesterday, preliminarily approving the class action settlements in Monique Sykes, et al., vs. Mel S. Harris and Associates, LLC, et al. A Fairness Hearing has been scheduled for May 11, 2016, in the U.S. District Court for the Southern District of New York. The case is a class-action lawsuit originally certified […]
Consumer Action and the Consumer Relations Consortium (CRC) have worked together to produce “When a collector calls: An insider’s guide to responding to debt collectors.” Released today, as the FTC holds the third in a series of public “Debt Collection Dialogues,” the free guide helps consumers to recognize impostors.