News & Analysis as of

Fair Debt Collection Practices Act Debt Collectors Student Loans

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY dismisses FDCPA case against student loan trusts for time-barred violations

On August 16, the U.S. SNDY dismissed as time-barred a student loan debt class-action brought against student loan trusts, servicing agents and a law firm. The suit, brought by a class of New York residents holding student...more

Goodwin

2023 Year in Review: Debt Collection and Debt Settlement

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Welcome to the Debt Collection and Debt Settlement chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - Enforcement actions related to debt collection and debt...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Debt Collection

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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

Womble Bond Dickinson

Ninth Circuit Clarifies When One-Year FDCPA Statute of Limitations Begins To Run

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A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more

Hudson Cook, LLP

Back to School: A Lesson on the Materially Misleading Debt Collection Standard

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'Tis the season for returning to school and learning something new. When I was growing up, we learned the long multiplication algorithm by which you multiply numbers right to left, insert zeros along the way, write some...more

Troutman Pepper

Tenth Circuit Adopts “Reasonable Consumer” Standard to Determine Materiality Under FDCPA

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The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. According to a recent Tenth Circuit decision, however, the standard should be...more

Troutman Pepper

Timing Is Everything: Student Loan Servicer Avoids FDCPA Liability in Sixth Circuit

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The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 10, November 2020

COVID-19, the CARES Act and the Impact on Mortgage Forbearance - In response to the coronavirus pandemic, the federal government passed the CARES Act, which provides a number of protections to homeowners unable to pay...more

McGlinchey Stafford

CFPB Issues Debt Collection Final Rule

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On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule (the Rule) amending Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The Rule modernizes requirements...more

Holland & Knight LLP

California Legislative Roundup 2020: Financial Services

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Notwithstanding a pandemic-induced winnowing of legislative priorities this year, California has passed a handful of new bills to regulate discrete areas of the financial services industry, including student loan servicing,...more

Goodwin

CFPB Publishes its Winter 2020 Supervisory Highlights

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On February 14, 2020, the Consumer Financial Protection Bureau (CFPB) released its Winter 2020 Supervisory Highlights (Report). It summarizes the CFPB’s findings on violations in the areas of debt collection, mortgage...more

Alston & Bird

CFPB Issues Winter 2020 Supervisory Highlights

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A&B ABstract: The Winter 2020 Supervisory Highlights identifies the CFPB’s findings from recent examinations, noting violations that resulted in compliance management system weakness....more

Ballard Spahr LLP

CFPB Fall 2016 rulemaking agenda published

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The CFPB’s Fall 2016 rulemaking agenda has been published as part of the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. The preamble indicates that the information in the agenda is current as of...more

Morrison & Foerster LLP

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Saul Ewing Arnstein & Lehr LLP

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

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