On the heels of the Consumer Bankers Association announcement of its filing a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order, the U.S. Chamber of Commerce joins the band. This brings to six the number of petitions filed in this matter.
The Consumer Bankers Association (CBA) has filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order in the US Court of Appeals for the District of Columbia Circuit. The CBA Petition will be consolidated with the prior Petitions filed by ACA International and others and will be heard as a single case before the Court of Appeals for the District of Columbia.
In the latest episode of the Debt Collection Drill, attorneys John Rossman and Mike Poncin break down the law changes in New York, Illinois, and Maine, and provide practical guidance for compliance and avoiding pitfalls.
In the ongoing process of implementing recently adopted NYDFS debt collection rules, yesterday the Department released two additional FAQs and posted amendments to the rule that have been adopted and will take effect on September 9, 2015.
In an order published last week United States District Court Judge Michael M. Anello from the Southern District of California denied Plaintiffs motion for class action certification in the case of Linda Blair, Diane Deal, and Shannon Collins v. The CBE Group, Inc. (CBE) (13cv134-MMA).
Earlier this week, Reilly Dolan, Associate Director, Division of Financial Practices at the Federal Trade Commission posted a blog about the debt buying industry and its efforts to self-regulate. Click here to read the full text of the piece, which offers insight into the regulator’s expectations. Also of interest is the link to the 75 bad apples recently banned from the debt collection business.
Yesterday insideARM reported on an Eleventh Circuit Court of Appeals Decision confirming the validity of prior express consent in a TCPA case. This case and another one today in this article should be read together for an excellent discussion on the issue of “prior express consent.”
This week the CFPB released its second Monthly Complaint Report. This month’s focus is credit reporting. Last month was debt collection. What’s interesting is the significant difference from a supervisory/enforcement standpoint between these two markets.
The U.S. Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication with a third party falls within the exception for location information contained in subsection 1692b of the federal FDCPA.
In a decision issued on August 19, 2015, Magistrate Judge Howard R. Lloyd of the U.S. District Court for the Northern District of California ruled that “human intervention” defeated a claim that a strip club contacted a consumer using an ATDS in violation of the TCPA. This may be the first time in the history of this publication that we have highlighted a case involving a strip club. However, regardless of the type of business, the case is relevant to the industry.