President Obama Friday signed an executive order that calls for increased credit card protection measures for some federal benefits and expense cards distributed by the government. The President also formally endorsed the chip-and-PIN payment system for U.S. cards, a move opposed by many banking and commerce groups.
The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter.
The U.S. financial watchdog Consumer Financial Protection Bureau (CFPB) Thursday released a new set of tools student loan borrowers can use if they run into trouble making payments on their accounts. The federal agency’s goal in the release is to help distressed borrowers avoid defaulting on their student loans and going into collections.
Kirit Patel of California has pleaded guilty to four counts of mail fraud and wire fraud after an extensive federal investigation of the debt collection agency he ran. The FTC and prosecutors noted that many of the debts Patel was attempting to collect did not exist.
Debt collectors breathed a collective sigh of relief after the Eleventh Circuit reversed a district court ruling in the Mais case. Coupled with the FCC’s seemingly business-friendly declaratory rulings of GroupMe and Cargo Airline Association, matters appear to be on the upswing for creditor representatives with regard to the TCPA. But don’t be deceived: the relief brought by the positive developments must be tempered by the amicus curiae brief filed by the FCC in a case involving a collector.
A federal district judge in Kansas recently ruled that a voicemail left by a debt collection agency failing to identify itself as a collector did not violate the FDCPA because the plain text of the law states that multiple calls must be made and that “harassment” cannot occur in one call.
A book being released early next week takes an unflinching look at the world of consumer debt buying, specifically the market for secondary portfolio purchases and the unique challenges facing ARM professionals that chase older debt.
In an unpublished opinion handed down last week, the Fourth Circuit Court of Appeals ruled that calls made to a residential line using an autodialer can violate the TCPA if the residential line service charges for incoming calls. In this particular case, the line was using a VoIP subscription that carried per-call charges.
On Sept. 30, AT&T Mobility – the mobile arm of the telecommunications giant – signed off on a proposed agreement to settle a TCPA class action lawsuit in which it and its hired debt collection agencies allegedly called consumers’ cell phones using an autodialer without prior express consent.
The U.S. Department of Education late last week published a list of companies that won contracts under the small business set-aside on its Default Collection Services contract and private collection agency (PCA) program. There will be 11 small business collection agencies on the student loan collection contract. The previous contract featured only five.