Debt Collection Feed Link

Debt Collection

Debt collection refers to the work done to recover balances from credit accounts that are past due. Most commonly, debt collection specifically references third party debt collectors whose clients include banks, credit card issuers and other credit grantors, debt buyers, governments, and any organization that extends credit or owns an account where a balance is due. Collection methods traditionally include phone calls from call center agents, e-mails, and letters, and increasingly, SMS text. If an account remains in arrears after these efforts, the collection agency may contract with a collection attorney to file suit to recover the debt, if the collection agency is not positioned to do so.

AdobeStock-jump-dive-pool

Massachusetts Jumps into the Active Debt Collection Regulation Pool

The Massachusetts Division of Banks and the Massachusetts Office of the Attorney General have scheduled a meeting to seek input on the current state of debt collection and debt collection regulation within the State. They are considering whether changes may be warranted. This announcement comes, literally, at the same time the CFPB holds its debt collection SBREFA hearing in Washington, D.C.

AdobeStock-Dialogue, table, discussion, round table, seat at the table

Consumer Relations Consortium Welcomes New Members; Continues Discussions with Consumers

ROCKVILLE, Md. — The Consumer Relations Consortium (CRC) announced today that Coast Professional, State Collection Service, Windham Professionals, Afni, and Radius Global Solutions, have recently joined as new members. The CRC is a membership group for “larger market participants” in the debt collection industry (defined as those firms with $10M or more in annual revenue from collection […]

pixabay-speech-bubble-speak-opinion-comment

CFPB Debt Collection Proposals Would Create Problematic New Substantiation Standard

This article previously appeared on Ballard Spahr’s CFPB Monitor and is re-published here with permission. The debt collection proposals outlined by the CFPB for the SBREFA panel are driven in large part by the CFPB’s reliance on the data derived from its complaint portal and a consumer survey conducted by the Bureau over several months in 2014-15.  The survey […]

AdobeStock_sophisticated-woman-contemplate-smart

The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

When collectors get sued in an FDCPA action, they face a steep uphill battle. Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability.” However, courts have gradually been demanding more and have rejected suits based on hyper-technicalities.

AdobeStock-comments-opinion-voice-speak

GAO Report Says CFPB Small Business Panels Could Be More Effective

The United States Government Accountability Office (GAO) released a report last week that found that small business representatives (SERs) participating in the Consumer Financial Protection Bureau’s (CFPB) recent SBREFA processes thought they were too rushed. According to the report, the Regulatory Flexibility Act requires CFPB to convene Small Business Review Panels (also known as SBREFA panels) for rulemaking efforts […]

AdobeStock-rules

FCC Releases Rules Limiting Federal Government Debt Collection Calls

Yesterday the FCC released its Final Rules to implement an amendment passed by Congress in the Bipartisan Budget Act of 2015. Published two weeks after the CFPB published its Outline of Proposed Rules governing debt collection, we now see the possibility that rules on calls to collect government debt could be more restrictive than calls to collect other types of debt.

pixabay-bowling-split-decision

7th Cir. Deepens Split on FDCPA Liability for ‘Time-Barred’ Claims

This article was originally published on the Maurice Wutscher blog and is republished here with permission. Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court […]

pixabay-baseball-umpire-safe-game

FDCPA Safe Harbor Buried within CFPB Mortgage Rules

On August 4, 2016 the CFPB released a rule providing safe harbors from liability under the FDCPA for certain actions taken in compliance with mortgage servicing rules, but after the consumer has made a cease communication request. This will interest the ARM industry more broadly as it may signal a willingness to provide safe harbor where notification requirements are in conflict with the consumer’s interests.

pixabay-earnings

PRAA Announces Financial Results for Q2 2016; Comments On CFPB Outline of Proposed Debt Collection Rules

On Monday, PRA Group (PRAA) reported its financial results for the second quarter of 2016. The company also hosted a conference call for investors.  PRAA is one of the largest purchasers of defaulted receivables worldwide. Second Quarter 2016 Highlights Cash collections of $387.2 million, (currency adjusted cash collections of $391.3) million versus $389.6 million in […]