On November 16, 2020, the California Department of Financial Protection and Innovation (DFPI) held a “listening session” relating to the implementation of the California Consumer Financial Protection Law (CCFPL). The DFPI’s intent of the session was to gather feedback on the CCFPL to help inform and prioritize its rulemaking and implementation efforts. Also during the
Debt Collection
Ninth Circuit rules debt collector that contractually required creditors to provide accurate information could not rely on FDCPA bona fide error defense
By Stefanie Jackman on
Posted in Debt Collection, Litigation and Court Decisions
The U.S. Court of Appeals for the Ninth Circuit, in Urbina v. National Business Factors Inc., ruled that a debt collector could not rely on the FDCPA’s bona fide error defense by contractually obligating its creditor clients to provide accurate information.
The collection services contract that National Business Factors (NBF) had entered into with…
The CFPB’s final collections rule: gauging the potential impact of the election results
Continuing our series of blog posts breaking down the CFPB’s final debt collection rule, we now discuss whether the November general election results are likely to have any impact on the final collection rule.
It seems clear that, though President Trump has yet to concede, Joe Biden has won the presidential election. We expect President-elect…
The CFPB’s final collections rule: meaningful attorney involvement safe harbor removed; debt sale restrictions modified
By Stefanie Jackman & Jeremy C. Sairsingh on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
Our blog post series has detailed a number of ways in which the CFPB’s final debt collection rule departs from last year’s NPRM. There are…
The CFPB’s final collections rule: mortgage servicing provisions and impacts
By Reid F. Herlihy on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
The CFPB’s debt collection final rule will significantly impact the operations of mortgage servicers. Not surprisingly, the CFPB declined to generally exempt mortgage servicers from…
The CFPB’s final collections rule: impact on credit reporting
By Kim Phan on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
This latest installment of our blog posts about the CFPB debt collection rule examines how the final rule will impact credit reporting.
As an initial…
The CFPB’s final collections rule: using electronic communications to send required disclosures
By Stefanie Jackman & Jason M. Cover on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
One of the initial promises of the CFPB’s NPRM was a level of certainty as to the use of electronic communications to provide legally-required collection…
The CFPB’s final collections rule: using email and text messages
By Stefanie Jackman & Sarah T. Reise on
Posted in Debt Collection, Regulatory and Enforcement
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
Continuing our series of blog posts breaking down the CFPB’s final debt collection rule, we now discuss the use of email and text messages, and…
The CFPB’s final collections rule: inconvenient time and place restrictions
By Stefanie Jackman & Sarah T. Reise on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
Our series of blog posts breaking down the CFPB’s final debt collection rule now turns to a discussion of how to understand and comply with…
The CFPB’s final collections rule: contact frequency limitations and limited content messages
By Stefanie Jackman & Rene T. McNulty on
On November 13, 2020, from 12:00 p.m. to 1:00 p.m. ET, we will present a webinar on the CFPB’s final collection rule. Click here for more information and to register.
Among the items proposed in the CFPB’s NPRM that were adopted in its final collections rule are restrictions on call attempts and a limited content…