CFPB Files Cert Petition Requesting Expedited Review of Fifth Circuit Decision Finding Funding Structure Unconstitutional

As discussed here, on October 19, a three-judge panel of the Fifth Circuit Court of Appeals held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism violates the appropriations clause because the CFPB does not receive its funding from annual congressional appropriations like most executive agencies, but instead receives funding directly from the Federal Reserve based on a request by the CFPB’s director. Yesterday, the CFPB filed a petition for a writ of certiorari to the U.S. Supreme Court, requesting not only that the Court hear the case, but also that it be decided on an expedited basis during the Court’s current term. Given the importance of the decision and the gravity of the potential implications, the Court may well take the unusual step of granting the petition and agreeing to the requested expedited schedule.

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Don't Block Valid Text Messages - CRC Files Comments on FCC’s Proposed Rule

Earlier this year, the Federal Communications Commission (FCC) issued a notice of proposed rulemaking targeting unlawful text messages. Despite its targeted title, if left unchanged, the text of the rule may affect text messages sent for valid business purposes. On November 9, 2022, the Consumer Relations Consortium (CRC) submitted comments to the FCC regarding the proposed rule's shortcomings.

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What Creditors and Medical Services Providers Need to Know About D.C.’s Amended Debt Collection Law

Creditors and medical services providers should reevaluate their consumer credit agreements and collection practices in light of a recent amendment to Washington, D.C.’s debt collection law, which goes into effect on January 1, 2023. The D.C. Council previously adopted emergency debt collection restrictions in response to the COVID-19 pandemic. These restrictions are now being adopted on a permanent basis via the new amendment and impose new restrictions on communicating with consumers via email, text message and social media.

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CFPB Issues Circular on Investigation of Consumer Reporting Disputes

The CFPB has issued a circular (2022-07) to address “shoddy investigation practices” and “affirm that neither consumer reporting companies nor information furnishers can skirt dispute investigation requirements.”

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Technology is Key to Compliance & Self-Service: An Interview with Finvi

Whether we see economic growth or a recession, organizations in the ARM industry will need to rely on technology to scale their operations accordingly. Where should collections & recovery executives focus when it comes to investment in technology?

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Midland Credit Management Names ProVest Partner of the Year

TAMPA, Fla. -- Midland Credit Management, an Encore Capital Group Company, named ProVest LLC its Top Internal Legal Partner. ProVest was honored at the 2022 Fall National Creditors Bar Association Conference in Tampa, Fla. Midland annually recognizes only one vendor with this prestigious award

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Complete Guide to Risk and Gap Assessments - Part 5: Maintain Your Progress - Don’t Skip the Audit

29 November 2022 at 02:00 p.m.

Concluding a risk and gap assessment is something to celebrate. They are a lot of work. Full stop. However, if you don’t set up a proper auditing plan, you’ll need to perform another risk and gap assessment sooner rather than later. A robust auditing procedure that includes remediation plans and keeping your C-suite informed will allow you to build off your recent analysis, so you won’t have to do another one before you know it.

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