Debt Collection

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The CFPB’s focus on debt collection continues. In addition to proposing changes to debt collection rules, analyzing debt collector trade lines, and filing and participating as an amicus in debt-collection litigation, the CFPB recently announced a proposed settlement involving over $60 million in redress and penalties with debt collection companies Northern Resolution Group,…

Advances in technology coupled with increasing regulatory scrutiny have created a challenging environment for the debt collection industry, a reality that we have been helping our clients navigate by providing comprehensive counsel—from assessing and designing debt collection-related compliance programs and evaluating potential collection partners to defending claims that may arise during examinations or enforcement investigations…

In this podcast, we review what’s in the proposed limits and examine the challenges they present for collectors, including the retroactive lookback for call attempts and successful contacts, the treatment of ringless calls, calls placed at the consumer’s request, and the impact of call blocking technology.  We also discuss the implications for first party collections…

Seven consumer advocacy groups have submitted a letter to Director Kraninger requesting a two-month extension of the August 19 comment deadline for the CFPB’s proposed debt collection rules.

The groups state in their letter that “there are very few organizations that represent the interests of people subject to debt collection that have the expertise and…

In this podcast, we discuss the CFPB’s proposed requirement for a collector to communicate with a debtor before furnishing information about the debt to a consumer reporting agency and proposed prohibition on selling or transferring a debt that is the subject of an identity theft report.  We also look at the challenges collectors would face…

Effective July 28, debt collectors licensed in Washington will be subject to new requirements when collecting medical debt.

Substitute House Bill 1531, signed into law by Washington Governor Jay Inslee on April 30, amended the state’s debt collection law that requires debt collectors to be licensed by adding certain substantive requirements along with a…

In this podcast, we look at the changes to the FDCPA validation notice that the CFPB’s proposed debt collection rules would make and discuss compliance challenges and other issues raised by the changes, including the requirement to itemize the debt, the dispute “tear-off” form, the option to provide Spanish and other foreign language translations of…

While directed at third party debt collectors, the CFPB’s proposed rules, if adopted, would significantly impact creditors and their first party collection partners.  In this podcast, we look at the actions the proposal would require creditors to take before assigning a debt for collection, what the proposal would mean for third party oversight, and how…

The CFPB has filed an amicus brief in Bender v. Elmore & Throop, P.C., an appeal before the Fourth Circuit involving the application of the FDCPA’s one-year statute of limitations.  The brief supports the position of the plaintiff-appellant that the one-year period runs separately for each discrete FDCPA violation.  It represents the first CFPB…