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Apropos: New Case Shows Just How Easy it is For the Government to Demand Your Calling Records

So on May 2, 2022 I jumped up on my soap box about the FTC compelling marketers to retain certain dialing records, and on May 3rd- wouldn’t you know it–I find a new case addressing precisely the issue of a government demanding production of dialer records in furtherance of a prosecution.

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The Ultimate Guide to Regulation F

Reg F is here, which means you need to be 100% ready. In this new eBook from TCN, you'll get a comprehensive breakdown of the CFPB's Reg F collection rules. Take a quick look at the biggest changes to these regulations, how they will affect your business, and strategies you can use to keep your call center compliant. Get the critical details on the 7-in-7 Rule, retaining compliance records, the model validation notice, email and text messaging, and more. Get the guide.
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Malone Frost Martin Hires Chelsey Pankratz to Open Jacksonville Office

DALLAS, TX -- Malone Frost Martin PLLC (MFM), a leading industry defense and compliance law firm, is very pleased to announce the addition of Chelsey Pankratz who will head up MFM’s new satellite office location in Jacksonville, Florida at 301 W. Bay Street, Suite 14147, Jacksonville, FL, US 32202.

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Credit Eco to Go: Coming to America- Building a Friction-less Collection Process

The co-Founders of @Creditas, India’s leading technology provider in the delinquent management space, are our guests to kick off the 3rd season of @ClarkHillLaw’s #CreditEcoToGo. Anshuman Panwar and Madan Srinivasan share their observations of the US collections market, where they hope to launch shortly, and the unique architecture of their technology that was built with the consumer in mind.

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CFPB Says ECOA Applies to an Accounts Full Life Cycle, including Collection Procedures

On May 9, 2022, the CFPB announced it issued an advisory opinion stating that in its opinion, the Equal Credit Opportunity Act (ECOA) applies to every aspect of dealing with a creditor, not just to the credit application process. The advisory opinion indicates ECOA protections apply to revocation, collection procedures, alteration or termination of credit, and anything else that takes place after credit has been extended.

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CFPB Argues the FCRA Requires Furnishers to Investigate Legal Issues Raised in Consumer Disputes

On April 7, the Consumer Finance Protection Bureau (CFPB or Bureau) filed an amicus brief in an appeal, pending before the Court of Appeals for the Eleventh Circuit in which the Bureau argued that the Fair Credit Reporting Act (FCRA) does not exempt furnishers from investigating disputes based on legal questions as opposed to factual inaccuracies. Section 1681s-2(b)(1) of the FCRA states that a furnisher of consumer information must conduct an investigation of disputed information upon receiving notice from a consumer reporting agency (CRA) that the consumer has disputed the accuracy of the information. Many courts have interpreted this to require furnishers to reasonably investigate factual questions, but not disputed legal issues (e.g., whether a consumer is liable for a reported debt). By contrast, the CFPB’s brief asks the Eleventh Circuit to “clarify that furnishers are required to conduct reasonable investigations of both legal and factual questions posed in consumer disputes.”

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Why the CFPB’s Expansion of its UDAAP Authority to Target Discrimination Requires Rulemaking

In a new blog post published on the Consumer Law & Policy Blog, Professor Jeff Sovern advocates very strongly in support of interpreting the “unfairness” prong of UDAAP to encompass discrimination in connection with credit and non-credit consumer financial products and services offered by banks and other persons covered by the Consumer Financial Protection Act (CFPA).  He supports his position by relying on the plain language of “unfair” (which is not inextricably tied to credit products) and the common sense notion that companies should not be able to discriminate in any fashion in connection with offering of consumer financial products or services.

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The Vendor Management Masterclass Part I

8 June 2022 at 02:00 p.m.

Customer behavior and spending is changing. 

The CFPB is hyper-interested in data collection, use, and privacy. 

We're likely on the edge of a credit downturn, which will result in higher delinquency and charge off rates.

New (and old!) agency partners and technology companies are promising to solve your problems. How can you be sure your vendors are compliant, efficient, and that you’re getting what you paid for?

Event Details »