News & Analysis as of

Financial Services Industry Debt Collection Licensing Rules

Orrick, Herrington & Sutcliffe LLP

DFPI proposes amendments to regulations under the California Debt Collection Licensing Act

On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed...more

Orrick, Herrington & Sutcliffe LLP

Collection agency to pay $10k for operating without a license

On March 21, the Connecticut Department of Banking fined a collection agency $10,000 and ordered it to cease and desist from collection agency activity for operating without a valid license. According to the order, the...more

Orrick, Herrington & Sutcliffe LLP

DFPI clarifies licensing provisions for several state laws

The California Department of Financial Protection and Innovation (DFPI) recently filed a notice of proposed rulemaking with the Office of Administrative Law, seeking to add several sections to Title 10, Chapter 3 of the...more

Orrick, Herrington & Sutcliffe LLP

Wyoming to regulate debt buyers as collection agencies

On February 27, the Wyoming governor signed HB 284, which requires debt buyers to be licensed as “collection agencies” beginning July 1. Under the act, a collection agency now includes any person who operates as a debt buyer,...more

Orrick, Herrington & Sutcliffe LLP

DFPI takes action against five debt collectors

On January 30, the California Department of Financial Protection and Innovation (DFPI) announced enforcement actions against five separate debt collectors for unlicensed activity under the Debt Collection Licensing Act (DCLA)...more

Ballard Spahr LLP

Bill to extend the California Debt Collection Licensing Act’s grace period provisions sent to Governor for review

Ballard Spahr LLP on

On August 31, 2022, the California Senate voted to approve House Assembly Bill 156, and sent the bill to Governor Newsom for consideration and potential signature.  If it becomes law, the bill would amend the existing...more

Sheppard Mullin Richter & Hampton LLP

DFPI Second Rulemaking Proposal on Debt Collection Licensing

On July 15, the California DFPI released draft text for a proposed second rulemaking under the Debt Collection Licensing Act (DCLA) relating to the scope, annual report, and bond amount increase provisions of the DCLA....more

Venable LLP

California DFPI Issues Proposed Rulemaking on the Debt Collection Licensing Act

Venable LLP on

The California Department of Financial Protection and Innovation (DFPI) recently issued an invitation for comments on a proposed second rulemaking to implement aspects of California's Debt Collection Licensing Act (DCLA)...more

Ballard Spahr LLP

California DFPI issues draft text for second rulemaking under Debt Collection Licensing Act

Ballard Spahr LLP on

As discussed in an earlier blog post, the California Department of Financial Protection and Innovation (“DFPI”) issued an Invitation for Comments on the Proposed Second Rulemaking under the Debt Collection Licensing Act...more

Troutman Pepper

California Requests Feedback on Proposed Debt Collection Regulations Impacting Licensing, Reporting, and Records

Troutman Pepper on

On July 15, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on proposed additions to regulations implementing the Debt Collection Licensing Act (DCLA). According to...more

Manatt, Phelps & Phillips, LLP

California Regulator Proposes Debt Collector Licensing Rules

Months after the California Debt Collection Licensing Act (DCLA) took effect and covered persons were required to submit applications to obtain licenses, the Department of Financial Protection and Innovation (DFPI) has...more

Troutman Pepper

California Updates Debt Collectors on Processing Delays

Troutman Pepper on

On May 23, California’s Department of Financial Protection and Innovation (DFPI or Department) sent an email notifying license applicants and prospective license applicants that the issuance of licenses under the Debt...more

Allen Matkins

Confusion Abounds Over Scope Of Debt Collection Licensing Act

Allen Matkins on

California's new Debt Collection Licensing Act, Cal. Fin. Code § 100000 et seq., took effect on January 1, 2022.  However, the legislature's inartful and inconsistent draftsmanship has resulted in a great deal of uncertainty...more

Manatt, Phelps & Phillips, LLP

The Surprisingly Broad Reach of CA’s Debt Collection Licensing Act: Applications Due By December 31

Earlier this month, the California Department of Financial Protection and Innovation (DFPI) sent an email with the attention-grabbing subject line “Want to continue operating in California? You need to apply for a license...more

Miles & Stockbridge P.C.

Time to Submit Comments for the Regulation to the New California Debt Collection Licensing Act

Last month, the California Department of Financial Protection and Innovation (the "DFPI") published a notice inviting comments for its second rulemaking regarding the rules that will be promulgated under the new California...more

Hudson Cook, LLP

Massachusetts Issues Student Loan Servicing Conduct Rules

Hudson Cook, LLP on

In last month's issue of Insights we discussed a new licensing regime in the Commonwealth of Massachusetts specific to student loan servicers. As of the publication date of that article the rules such servicers must follow...more

Hinshaw & Culbertson - Consumer Crossroads

Proposed California Debt Collection Licensing Regulations Raise Scope Concerns

Last month, the Department of Financial Protection and Innovation (DFPI) published proposed regulations under the Debt Collection Licensing Act (DCLA). The regulations largely address procedural matters related to obtaining a...more

Clark Hill PLC

Collection Agency Licensing is Coming to California

Clark Hill PLC on

On Sept. 25, California’s Governor Newsom signed into law Senate Bill 908 enacting California’s Debt Collection Licensing Act or DCLA. Enforcement of the law begins Jan. 1, 2022, and regulations interpreting the law are...more

Cozen O'Connor

California Brings Licensing and Oversight to Consumer Debt Collectors

Cozen O'Connor on

On September 25, 2020, California Gov. Gavin Newsom signed S.B. 908, enacting the Debt Collection Licensing Act (DCLA). The DCLA will take effect on January 1, 2022, but proposed regulations will begin to roll out soon. ...more

Ballard Spahr LLP

California legislature passes bills requiring licensure of debt collectors

Ballard Spahr LLP on

As part of California’s recent triad of consumer financial services legislation, including AB-1864, which creates the Department of Financial Protection and Innovation and the California Financial Protection Law, and AB-376,...more

Troutman Pepper

California’s Debt Collection Licensing Act Moves One Step Closer to Becoming Law

Troutman Pepper on

In a 9-3 vote earlier this month, the California Assembly Banking and Finance Committee approved legislation requiring a license for debt collectors and debt buyers, entitled the Debt Collection Licensing Act (SB 908) (DCLA)....more

Ballard Spahr LLP

NYDFS announces creation of new Consumer Protection Task Force

Ballard Spahr LLP on

The New York Department of Financial Services has announced the creation of a new Consumer Protection Task Force within the NYDFS. ...more

Ballard Spahr LLP

New requirements for collection of medical debt in Washington effective July 28

Ballard Spahr LLP on

Effective July 28, debt collectors licensed in Washington will be subject to new requirements when collecting medical debt. Substitute House Bill 1531, signed into law by Washington Governor Jay Inslee on April 30, amended...more

Holland & Knight LLP

Federal Court: Unlicensed Debt Buyer Violates FDCPA - Is Ruling in Harmony with the New Jersey Consumer Finance Licensing Act?

Holland & Knight LLP on

• The U.S. District Court for the District of New Jersey has denied a defendant's motion to dismiss a putative statewide class action complaint that alleged that the defendant violated Section e(10) of the federal Fair Debt...more

Ballard Spahr LLP

Washington State AG Sues Debt Buyers for Operating Without a License

Ballard Spahr LLP on

On September 21, 2018, the Attorney General for the State of Washington filed a lawsuit (see complaint) against several companies engaged in purchasing charged-off consumer debts, for operating as “collection agencies”...more

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