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Debt Collectors

Troutman Pepper Locke

Indiana Federal Court Dismisses FDCPA Suit Alleging Violations for being an Unlicensed Debt Collector

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In a recent decision from the U.S. District Court for the Northern District of Indiana, the court granted a motion to dismiss in favor of a debt collection law firm and one of its attorneys who were not licensed as debt...more

Kilpatrick

New York’s FAIR Business Practices Act: State Regulators Begin Expansion of Consumer Protection Authority

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On March 13, 2025, New York State took a significant step towards bolstering its consumer and small business protections with the introduction of the Fostering Affordability and Integrity Through Reasonable (FAIR) Business...more

Troutman Pepper Locke

California Federal Court Halts Allegedly Deceptive Debt Collection Practices by Blackrock Services, Inc. and Affiliates

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On February 27, the Federal Trade Commission (FTC) successfully obtained a temporary restraining order against Blackrock Services, Inc. and its associated entities and individuals. The court order aims to halt the defendants’...more

Troutman Pepper Locke

Seventh Circuit Reverses Summary Judgment in FDCPA Debt Dispute Case

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This week, the U.S. Court of Appeals for the Seventh Circuit issued a decision reversing a summary judgment order in a Fair Debt Collection Practices Act (FDCPA) case. The court found that there were genuine issues of...more

Hinshaw & Culbertson - Consumer Crossroads

New York City Department of Consumer and Worker Protection Announced Another Delay to the Effective Date for its Final Rules...

In January 2025, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Change of Effective Date (Notice), further delaying the effective date for the final rules relating to debt collectors...more

Orrick, Herrington & Sutcliffe LLP

New York State bans all debt collection attempts through social media

Recently, New York State chaptered a new law, amending the state’s general business law, to prohibit creditors from using social media platforms for debt collection. The legislation aims to protect consumers by preventing...more

Cooley LLP

CFPB Finalizes Rule Curbing Use and Reporting of Medical Debt

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On January 7, 2025, the Consumer Financial Protection Bureau (CFPB) issued a final rule that would generally prohibit lenders from considering medical debt information when determining a consumer’s eligibility for credit, and...more

Orrick, Herrington & Sutcliffe LLP

CFPB discusses debt collection practices in the workplace

On January 2, the CFPB published a blog post discussing collection practices, particularly those that occur in the workplace. It highlights the stress and pressure that such practices can place on individuals, including...more

Alston & Bird

Class Action & MDL Roundup 2024 Q3 – Our Market Research is Sustainable

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, it’s not a breach if it isn’t stolen, a greenwashing claim is washed away, and a...more

Orrick, Herrington & Sutcliffe LLP

CFPB report discusses medical debt, Senators urge CFPB to finalize rule

On December 12, the CFPB released a report titled “Medical Collections on Credit Reports in Native American Communities,” which analyzed the impact of medical debt collections on credit reports in predominantly American...more

Ankura

Identity Theft and How To Prevent It

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Imagine sitting in your living room, enjoying a cup of your favorite morning coffee, and you open your mail to discover that you recently opened a new bank account at XYZ Bank, unbeknownst to you. Or maybe you receive an...more

Troutman Pepper Locke

Sixth Circuit Confirms No FDCPA Violation for Debt Collection Within the Statute of Limitations

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The U.S. Court of Appeals for the Sixth Circuit recently affirmed that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it threatened legal action to collect debts that were still within...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues consent order against student loan debt collector

On December 9, the CFPB issued a consent order against a debt collector following allegations of unfair and abusive practices regarding its collection of student loan debt allegedly violating the CFPA and the FDCPA. The CFPB...more

Orrick, Herrington & Sutcliffe LLP

CFPB updates applicability dates of its medical debt advisory opinion

On November 29, the CFPB updated the applicability date of its advisory opinion on medical debts from December 3 to January 2, 2025. The Bureau posted this notice in the Federal Register updating its advisory opinion “Debt...more

Troutman Pepper Locke

FTC Distributes $540,000 in Refunds to Victims of Deceptive Debt Collection Scheme

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On December 10, the Federal Trade Commission (FTC) announced that it is distributing more than $540,000 in refunds to victims of an abusive debt collector group. The debt collectors allegedly threatened consumers with...more

Hinshaw & Culbertson - Consumer Crossroads

New York City Department of Consumer and Worker Protection Proposes Amendments to its Definition of "Debt Collector"

In November 2024, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional amendments to its rules relating to debt collectors to clarify the definition of a "debt collector."...more

Brownstein Hyatt Farber Schreck

CFPB Classifies Data Brokers as Credit Reporting Agencies in New Proposal

On Dec. 3, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would treat data brokers as credit reporting agencies, subjecting them to requirements under the Fair Credit Reporting Act (FCRA)....more

Holland & Knight LLP

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

Holland & Knight LLP on

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2024 # 4

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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

Ballard Spahr LLP

CFPB extends effective date of medical debt advisory opinion

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Saying that it wants to provide sufficient time to brief issues in pending litigation, the CFPB has announced that it is extending the effective date of its advisory opinion on medical debt from Dec. 3, 2024 to Jan. 2, 2025....more

Orrick, Herrington & Sutcliffe LLP

CFPB urges the U.S. Supreme Court to not review a trust debt collection case

Recently, in a case between the CFPB and a student loan trust, the CFPB submitted a brief challenging the appellant’s efforts to reverse a U.S. Court of Appeals for the Third Circuit decision, which found that trusts are...more

Orrick, Herrington & Sutcliffe LLP

CFPB extends applicable dates of its medical debt advisory opinion

On November 21, the CFPB submitted a joint status report regarding two cases, noting the Bureau is extending the applicable date of its medical debt advisory opinion from December 3 to January 2, 2025, an additional 30 days,...more

Orrick, Herrington & Sutcliffe LLP

Maryland appellate court reinstates consumer claims against debt collectors for alleged deception

On November 6, the Appellate Court of Maryland reversed a lower court’s dismissal of a class action lawsuit alleging violations of the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act...more

Ballard Spahr LLP

ACA International files suit challenging CFPB medical debt advisory opinion

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ACA International, the association representing the accounts receivable industry, has filed suit against the CFPB, alleging that the bureau’s advisory opinion on medical debt was overtly political, issued in violation of the...more

Troutman Pepper Locke

CFPB Voluntarily Extends Effective Date of Advisory Opinion on Medical Debt

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Earlier this month, we discussed the lawsuit filed by ACA International, LLC and Collection Bureau Services, Inc. in the U.S. District Court for the District of Columbia against the Consumer Financial Protection Bureau (CFPB...more

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