The first two months of 2025 were filled with numerous consumer protection actions by state AGs against vehicle dealers and players in the mortgage space, among others. ...more
4/4/2025
/ Automotive Industry ,
Constitutional Challenges ,
Consumer Financial Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Financial Services Industry ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
In this article, we share a timeline of our monthly "bites" for 2024 applicable to debt collection practices. Like 2023, the theme of 2024 was medical debt collection....more
2/10/2025
/ Automotive Loans ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Credit Reports ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Final Rules ,
Medical Debt ,
Medicare ,
Proposed Rules ,
Unfair or Deceptive Trade Practices
If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more
7/26/2024
/ Article III ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Electronic Communications ,
Email ,
FDCPA ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Loan Servicer ,
Regulation F ,
Risk Management ,
Spokeo v Robins ,
Standing ,
State Attorneys General ,
Text Messages ,
TransUnion ,
UDAAP
In this article, we share a timeline of our monthly "bites" for 2023 applicable to debt collection. If debt collection in 2023 had a theme it would be medical debt....more
2/1/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Debt Collection ,
Debt Collectors ,
Enforcement ,
Enforcement Actions ,
FDCPA ,
Financial Services Industry ,
Loan Servicing ,
Medical Debt ,
Mortgages ,
Payday Loans ,
Rulemaking Process ,
Student Loans ,
UDAAP
The first half of 2022 has seen a flurry of state and federal activity attempting to reign in "convenience fees"—fees charged by a creditor, debt collector, or third party to a consumer for making a payment via some means...more
The first half of 2022 has seen a flurry of activity at the state and federal level attempting to reign in "convenience fees" - fees charged by a creditor, debt collector, or third party to a consumer for making a payment via...more
A recent case in New Mexico highlights how careful creditors must be when attempting to collect debts that are more than a couple of years old. A mother and daughter, Debra and Debbie Agosto, bought a used car from a...more
Over the past six months or so, creditors, servicers, and debt collectors alike have been forced to revisit disaster management policies in light of the unique and far-reaching impact of COVID-19: it is at once a nationwide...more
11/3/2020
/ Collateral ,
Collection Agencies ,
Consumer Reporting Agencies ,
Coronavirus/COVID-19 ,
Credit Reports ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Financial Services Industry ,
Natural Disasters ,
Policies and Procedures
The New York City Department of Consumer and Worker Protection ("DCWP") (formerly the Department of Consumer Affairs) promulgated new debt collection rules this spring to provide protections to consumers with limited English...more
10/2/2020
/ Burden of Proof ,
City of New York ,
Consumer Protection Laws ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Debtors ,
FDCPA ,
Foreign Language ,
Local Ordinance ,
New Rules ,
Popular ,
State and Local Government ,
Unfair Trade Practices Act
As a supplement to its notice of proposed rulemaking on debt collection, on February 21, 2020, the Consumer Financial Protection Bureau issued additional proposed rules addressing attempts to collect debts for which the...more
4/13/2020
/ Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
Disclosure Requirements ,
FDCPA ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Revival ,
State Law Claims ,
Statute of Limitations ,
Time-Barred Debt
This article is part of a series of articles and webinars Hudson Cook will present over the coming weeks addressing the CFPB's Notice of Proposed Rulemaking on Debt Collection (the "Proposals"). While the Proposals, if...more
7/2/2019
/ Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Dodd-Frank ,
FDCPA ,
Notice of Proposed Rulemaking (NOPR) ,
Public Comment ,
Skip Tracing ,
Time-Barred Debt ,
Unfair or Deceptive Trade Practices
On May 7, 2019, the Consumer Financial Protection Bureau ("CFPB" or the Bureau") released its Fair Debt Collection Practices Act ("FDCPA") Notice of Proposed Rulemaking ("Proposals") and Request for Public Comment. The Bureau...more
6/3/2019
/ Communication Restrictions ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Debtors ,
Email ,
FDCPA ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Opt-Outs ,
Proposed Rules ,
Public Comment ,
Safe Harbors ,
Text Messages ,
UDAAP ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls