On October 29, the CFPB published additional frequently asked questions on Regulation F, its final debt collection rule, as well as a guidance document. The new FAQs address validation notice requirements (including for residential mortgage debts) and the guidance document deals with how to disclose the validation information on the itemization table on the model
validation notice
CFPB releases Spanish translation of model validation notice
By Ballard CFS Group on
Last week, the CFPB released a Spanish translation of the model-English language validation notice set forth in Appendix B of Regulation F.
The final debt collection rule allows a debt collector to send a validation that is completely and accurately translated into any language if the debt collector either (1) sends an English-language version in…
CFPB issues Part II of final collection rule: initial impressions
By Rene T. McNulty & Ballard CFS Group on
Today, from 12 p.m. to 1:00 p.m. ET, Ballard Spahr attorneys will hold a webinar, “Part II of the CFPB’s Final Collection Rule: What You Need to Know.” For more information and to register, click here.
The CFPB issued Part II of its final collection rule on December 18, 2020. Part II supplements the…
En banc Third Circuit, overturning 1991 panel decision, rules FDCPA allows oral dispute
By Ballard CFS Group on
Posted in Debt Collection, Litigation and Court Decisions
Last week, in Ricco v. Sentry Credit, Inc., the U.S. Court of Appeals for the Third Circuit ruled that the Fair Debt Collection Practices Act does not require a written dispute to avoid an assumption by the debt collector that the debt is valid. Declining the opportunity to be “the ‘legal last-man-standing’ among the…
Seventh Circuit FDCPA decision has implications for CFPB’s approach to validation notices in its proposed debt collection rules
By Ballard CFS Group on
In its proposed debt collection rules, the CFPB would allow a debt collector to satisfy the FDCPA requirement to provide the validation notice by sending the debtor an email or text message that includes a hyperlink to a secure website on which the notice is accessible, subject to a series of specific conditions set forth…
CFPB files amicus brief in Seventh Circuit FDCPA case
By John L. Culhane, Jr. on
The CFPB (referring to itself as the Bureau of Consumer Financial Protection) has filed what appears to be its first amicus brief since former Director Cordray’s departure.
The amicus brief was filed in Lavallee v. Med-1 Solutions, LLC, an appeal to the U.S. Court of Appeals for the Seventh Circuit in which the issue…
Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules
By John L. Culhane, Jr. on
Posted in Debt Collection, Regulatory and Enforcement
The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt” not only applies to the first debt collector that…