News & Analysis as of

Fees Debt Collection

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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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

Hudson Cook, LLP

CFPB Bites of the Month - January 2024 - A Hazy Shade of Winter With the CFPB

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In this month's article, we share some of our top "bites" for the prior and current month covered during the January 2024 webinar....more

Ballard Spahr LLP

OCC issues guidance on managing risks associated with “buy now, pay later” lending

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The Office of the Comptroller of the Currency (OCC) has issued a bulletin (2023-37) that provides guidance on managing risks associated with “buy now, pay later” (BNPL) lending.  The BNPL loans addressed in the bulletin are...more

Hudson Cook, LLP

How Much is Too Much?

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Growing up in New England we both heard that there were three things you should never discuss in public. Politics and religion were two. The third could differ....more

Shipkevich PLLC

California DFPI Proposes Regulation to Implement Registration Requirements for Entities Covered Under California Consumer...

Shipkevich PLLC on

The California Consumer Financial Protection Law (“CCFPL”), established in September of 2020 under Governor Newsom, augmented the Department of Financial Protection & Innovation’s (“DFPI”) authoritative ability by increasing...more

Hudson Cook, LLP

CFPB Bites of the Month - February 2023 - "Every Compliance Rose Has Its Thorns"

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In this month's article, we share some of our top "bites" for the prior month covered during the February webinar....more

BCLP

CFPB guidance on pay-to-pay fees impacts consumer loan agreements

BCLP on

Consumer debt collectors may not be permitted to charge consumers “convenience fees” for card payments, which the Consumer Financial Protection Board (the “CFPB”) calls “pay-to-pay” fees, unless the underlying loan agreement...more

Holland & Hart - Health Law Blog

Idaho Patient Act Changes

Idaho has enacted limited changes to the Idaho Patient Act (IPA) that make it somewhat easier for healthcare providers and facilities to jump through the IPA hoops before pursuing collection actions against patients. A copy...more

Manatt, Phelps & Phillips, LLP

[Webinar] Navigating the Challenges of Medical Debt Recovery - October 19th, 3:00 pm - 4:00 pm ET

With Medical Debt Hitting $140 Billion, Hospitals Are Taking Action. How Can You Maximize Collections While Minimizing Risks? Find Out at a New Manatt Webinar... New research published in the Journal of the American...more

Alston & Bird

District Courts Split on Convenience Fees Under Debt Collection Laws

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A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by...more

Cozen O'Connor

COVID-19 Fees Challenged | DC AG Sues Instacart | $10 Million Penalty For Robocalls & False Ads

Cozen O'Connor on

COVID-19- Senior Living Facilities Warned Against Charging Potentially Illegal COVID-19 Fees- •Michigan AG Dana Nessel sent cease and desist letters to senior living facilities owner CSIG Holding Co. LLC, management...more

Smith Debnam Narron Drake Saintsing & Myers,...

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Seeks to Provide Clarity as to Interest Disclosure

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more

Smith Debnam Narron Drake Saintsing & Myers,...

Sharing Of Convenience Fees Spells Trouble Under The FDCPA

A recent opinion from a district court in California serves as a reminder to creditors and debt collectors of the limited circumstances upon which convenience fees can be collected. ...more

Dorsey & Whitney LLP

The CFPB Says Fees and Fee-Related Disclosures For Payments-By-Phone May Constitute an Unfair and Deceptive Practice and Violate...

Dorsey & Whitney LLP on

In a Compliance Bulletin released July 27, 2017, the Consumer Financial Protection Bureau (CFPB) cautioned covered persons and service providers that fees for pay-by-phone services (called “phone pay fees”) may run afoul of...more

Carlton Fields

Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

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Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an...more

Ballard Spahr LLP

CFPB issues Fall 2016 Supervisory Highlights

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In its Fall 2016 Supervisory Highlights, which covers supervision work generally completed between May and August 2016, the CFPB highlights violations found by its examiners involving origination and servicing of auto...more

Ballard Spahr LLP

CFPB settles with military base retailer for alleged fee scam; Senators seek CFPB investigation of retailer’s debt collection...

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The CFPB has announced a settlement with USA Discounters, a retailer that operates a chain of stores near military bases and offers financing for purchases through retail installment sales contracts (RICs), to resolve charges...more

Ballard Spahr LLP

Eleventh Circuit Considers Permissibility under FDCPA of Percentage-Based Debt Collection Fees

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In a per curiam decision last week, the U.S. Court of Appeals for the Eleventh Circuit suggested that percentage-based debt collection fees are permissible under the Fair Debt Collection Practices Act (FDCPA) if they are...more

Chambliss, Bahner & Stophel, P.C.

Making Sure You Get Paid For Your Services

If your company performs services for a fee, you know first-hand how great it is and how much of a relief it is when you get paid….on time and in the correct amount, that is. While it is great when things work out and you...more

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