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Debt Collectors

Holland & Knight LLP

Podcast - The CFPB's Effort to Remove Medical Debt from Credit Reports

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) efforts to remove medical debt from credit reports. The...more

Sheppard Mullin Richter & Hampton LLP

CFPB Finalizes Personal Financial Data Rights Rule

On October 22, the CFPB announced the finalization of its Personal Financial Data Rights Rule under Section 1033 of the Dodd-Frank Act. The rule aims to bring the U.S. closer to an “open banking” framework by making it easier...more

McGlinchey Stafford

No Standing for FDCPA Claims Due to Lack of Injury: Eighth Circuit Vacates Judgment and Orders Dismissal

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The United States Court of Appeals for the Eighth Circuit reversed a District Court’s decision granting summary judgment and remanded with instructions to dismiss the case due to lack of standing to assert a claim under the...more

Troutman Pepper

Navigating Hot Topics in Consumer Finance: Litigation Trends, Regulatory Changes, and Medical Debt Collection – The Consumer...

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner David Anthony and Rami Haddad, deputy general counsel for Compliance, Litigation, and Privacy at PRA Group. The discussion...more

Troutman Pepper

NYC DCWP Delays Enforcement of Amended Debt Collection Rules

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This week, we discussed the constitutional legal challenge against New York City’s recently amended debt collection rules, which were scheduled to go into effect on December 1, 2024. These rules would stringently regulate...more

Troutman Pepper

New York City’s Amended Debt Collection Rules Draw Legal Challenge

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New York City’s recently amended debt collection rules — scheduled to go into effect on December 1, 2024 and which would stringently regulate various debt collection activities by debt collectors operating in the city — have...more

Troutman Pepper

Eighth Circuit Vacates Defense Summary Judgment on FDCPA Claim Due to Plaintiff’s Lack of Standing

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Earlier this month, the U.S. Court of Appeals for the Eighth Circuit vacated summary judgment for the defense on various claims under the Fair Debt Collection Practices Act (FDCPA) because the plaintiff lacked subject matter...more

Vedder Price

California Bill Aims to Expand Debt Collection Protections to Commercial Debts

Vedder Price on

On September 24, 2024, Governor Gavin Newsom signed into law California Senate Bill 1286 (“SB 1286”). SB 1286 will extend existing consumer debt collection protections in California to small businesses and to the collection...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts AG settles with loan servicer over debt collection violations

Recently, the Massachusetts AG settled with a loan servicer (respondent) to resolve allegations that respondent violated Massachusetts foreclosure-prevention law, debt collection regulations, and federal mortgage servicing...more

Orrick, Herrington & Sutcliffe LLP

California bans medical debt in credit reporting determinations

On September 24, the Governor of California approved SB 1061 (the “Act”), which prohibits consumer credit reporting agencies from including medical debt in consumer credit reports. In addition, a consumer reporting agency may...more

Hinshaw & Culbertson - Consumer Crossroads

3 Key Takeaways and Collection Agency Industry Insights from the NACARA Conference

Last week, the North American Collection Agency Regulatory Association (NACARA) hosted its annual conference at the California Department of Financial Protection and Innovation’s Sacramento office. The event served as a...more

Ballard Spahr LLP

Chopra says CFPB finalizing medical debt rule; agency issues advisory opinion on debt collector practices

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The CFPB is in the process of completing its final rule intended to ban the inclusion of medical debts in credit reports, bureau Director Rohit Chopra said at a White House session intended to focus on practices in the...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter- October 2024 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues advisory opinion on medical debt collection practices

On October 1, the CFPB issued an advisory opinion regarding medical debt collection practices and debt collectors’ obligations under the FDCPA and Regulation F. The advisory opinion identified practices for which debt...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Guidelines for Medical Debt Collection

On October 1, the CFPB issued an advisory opinion highlighting that debt collectors engaging in certain practices with respect to the collection of medical debts are strictly liable under the FDCPA and Regulation F....more

Manatt, Phelps & Phillips, LLP

California Extends State Debt Collection Law to Commercial Debts

Continuing a nationwide trend towards increased regulation of commercial financing, Governor Newsom has signed into law a bill extending the reach of California’s Rosenthal Fair Debt Collection Practices Act (the “Act”) to...more

Troutman Pepper

CFPB Intensifies Scrutiny on Medical Debt Collection Practices

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On October 1, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion aimed at debt collectors and emphasizing their obligations under the Fair Debt Collection Practices Act (FDCPA) and Regulation...more

Cozen O'Connor

CFPB Warns Medical Debt Collectors to Stick to the Law

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The CFPB issued guidance reminding debt collectors of their obligation to comply with the Fair Debt Collection Practices Act (the “FDCPA”) and Regulation F’s prohibitions on false, deceptive, or misleading representations and...more

Ballard Spahr LLP

CFPB Blog: Debt collectors who attempt to collect on spouse’s medical bills from a survivor may violate federal law

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The CFPB recently issued a blog post, highlighting debt collection impacts on surviving spouses. In the blog, the CFPB warns that debt collectors who try to collect on a spouse’s medical bills from a survivor, who is not...more

Orrick, Herrington & Sutcliffe LLP

CFPB discusses impact of debt collection practices on surviving spouses

On September 20, the CFPB published a blog post that addressed debt collectors targeting surviving spouses for the unpaid medical bills of their deceased partners....more

Holland & Knight LLP

FTC and CFPB Focus on Medical, Rental Debt Collection Practices

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In this episode of his "Clearly Conspicuous" podcast series, "FTC and CFPB Focus on Medical, Rental Debt Collection Practices," consumer protection attorney Anthony DiResta examines the Federal Trade Commission (FTC) and...more

Katten Muchin Rosenman LLP

California Enacts New Requirements Related to Collection of Commercial Debt in Amounts Less Than $500,000

On September 24, Governor Gavin Newsom signed into law California Senate Bill 1286 that will impact the collection of "covered commercial debt" and "covered commercial credit" in the state after July 1, 2025 (the law's...more

Troutman Pepper

California Enacts New Debt Collection Legislation

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On September 24, California Governor Gavin Newsom signed into law a package of consumer protection laws, with three bills aimed directly at collection practices. These new laws introduce significant changes in the areas of...more

McGlinchey Stafford

Lack of Actual Knowledge and Prior Express Consent Defeats FDCPA and TCPA Claims

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The U.S. District Court for the District of Nevada granted a defendant’s motion for summary judgment in a case arising under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). It...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues its annual FDCPA report

On September 5, the CFPB released its 2024 annual report on the FDCPA, which discussed several issues consumers face in debt collection and highlights practices in the collection of medical and rental debt. Medical debt...more

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