News & Analysis as of

Financial Services Industry Debt Collectors

Orrick, Herrington & Sutcliffe LLP

FTC charges debt collection company and owner for alleged $7.6M debt collection scam

On November 4, the FTC has taken action against a debt collection business and its owner for allegedly deceiving consumers into paying over $7.6 million in fake debts. According to the FTC’s complaint, the defendants...more

Troutman Pepper

NYC DCWP Clarifies Amended Definition of “Debt Collector” Still Includes Creditors

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In our previous post, we discussed the New York City Department of Consumer and Worker Protection’s (NYC DCWP) decision to delay the enforcement of the amended debt collection rules from December 1, 2024, to April 1, 2025....more

Orrick, Herrington & Sutcliffe LLP

CFPB taken to court over its advisory opinion on medical debt collections

On November 1, several debt collection trade organizations sued the CFPB in the U.S. District Court for the District of Columbia. In the complaint, the plaintiffs alleged that the CFPB violated the APA when it issued an...more

Troutman Pepper

FTC Halts Debt Collector Over Alleged $7.6 Million Scheme

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Late last month, the Federal Trade Commission (FTC) filed suit against Global Circulation, Inc. (GCI) and its owner for engaging in deceptive and abusive debt collection practices. According to the FTC, the Georgia-based debt...more

Ballard Spahr LLP

Federal judge orders debt collector Global Circulation Inc. to temporarily cease operations

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A federal judge has ordered debt collector, Global Circulation Inc. (GCI) to temporarily halt operations, following an FTC complaint that alleged GCI tricked consumers into paying more than $7.6 million in bogus debt by...more

Sheppard Mullin Richter & Hampton LLP

Debt Collectors Push Back: Trade Group Sues CFPB Over New Medical Debt Collection Rules

On November 1, a debt collection trade group filed a complaint in federal court challenging an October 1 CFPB advisory opinion that warned debt collectors against seeking payment on unverified or potentially inflated medical...more

Troutman Pepper

NYC DCWP Announces New Effective Date for Amended Debt Collection Rules

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On November 1, the New York City Department of Consumer and Worker Protection (NYC DCWP) announced that the effective date for the amended debt collection rules has been officially moved to April 1, 2025....more

Orrick, Herrington & Sutcliffe LLP

New York City dept. announces enforcement delay of debt collection rules after litigation

Recently, the New York City Department of Consumer and Worker Protection (DCWP) announced a delay enforcing Title 6 of the Rules of the City of New York which impact debt collectors. Although the new rules will still take...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules that a name mix-up violates the FDCPA

On October 23, a California Court of Appeal reversed a lower court’s decision granting an anti-SLAPP motion in a case involving a debt collection agency and a consumer. The lower court had granted the debt collection agency’s...more

Holland & Knight LLP

Podcast - The CFPB's Effort to Remove Medical Debt from Credit Reports

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In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the Consumer Financial Protection Bureau's (CFPB) efforts to remove medical debt from credit reports. The...more

McGlinchey Stafford

No Standing for FDCPA Claims Due to Lack of Injury: Eighth Circuit Vacates Judgment and Orders Dismissal

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The United States Court of Appeals for the Eighth Circuit reversed a District Court’s decision granting summary judgment and remanded with instructions to dismiss the case due to lack of standing to assert a claim under the...more

Troutman Pepper

Navigating Hot Topics in Consumer Finance: Litigation Trends, Regulatory Changes, and Medical Debt Collection – The Consumer...

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner David Anthony and Rami Haddad, deputy general counsel for Compliance, Litigation, and Privacy at PRA Group. The discussion...more

Troutman Pepper

NYC DCWP Delays Enforcement of Amended Debt Collection Rules

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This week, we discussed the constitutional legal challenge against New York City’s recently amended debt collection rules, which were scheduled to go into effect on December 1, 2024. These rules would stringently regulate...more

Troutman Pepper

New York City’s Amended Debt Collection Rules Draw Legal Challenge

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New York City’s recently amended debt collection rules — scheduled to go into effect on December 1, 2024 and which would stringently regulate various debt collection activities by debt collectors operating in the city — have...more

Troutman Pepper

Eighth Circuit Vacates Defense Summary Judgment on FDCPA Claim Due to Plaintiff’s Lack of Standing

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Earlier this month, the U.S. Court of Appeals for the Eighth Circuit vacated summary judgment for the defense on various claims under the Fair Debt Collection Practices Act (FDCPA) because the plaintiff lacked subject matter...more

Vedder Price

California Bill Aims to Expand Debt Collection Protections to Commercial Debts

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On September 24, 2024, Governor Gavin Newsom signed into law California Senate Bill 1286 (“SB 1286”). SB 1286 will extend existing consumer debt collection protections in California to small businesses and to the collection...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts AG settles with loan servicer over debt collection violations

Recently, the Massachusetts AG settled with a loan servicer (respondent) to resolve allegations that respondent violated Massachusetts foreclosure-prevention law, debt collection regulations, and federal mortgage servicing...more

Orrick, Herrington & Sutcliffe LLP

California bans medical debt in credit reporting determinations

On September 24, the Governor of California approved SB 1061 (the “Act”), which prohibits consumer credit reporting agencies from including medical debt in consumer credit reports. In addition, a consumer reporting agency may...more

Hinshaw & Culbertson - Consumer Crossroads

3 Key Takeaways and Collection Agency Industry Insights from the NACARA Conference

Last week, the North American Collection Agency Regulatory Association (NACARA) hosted its annual conference at the California Department of Financial Protection and Innovation’s Sacramento office. The event served as a...more

Ballard Spahr LLP

Chopra says CFPB finalizing medical debt rule; agency issues advisory opinion on debt collector practices

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The CFPB is in the process of completing its final rule intended to ban the inclusion of medical debts in credit reports, bureau Director Rohit Chopra said at a White House session intended to focus on practices in the...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter- October 2024 # 2

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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

Orrick, Herrington & Sutcliffe LLP

CFPB issues advisory opinion on medical debt collection practices

On October 1, the CFPB issued an advisory opinion regarding medical debt collection practices and debt collectors’ obligations under the FDCPA and Regulation F. The advisory opinion identified practices for which debt...more

Troutman Pepper

CFPB Intensifies Scrutiny on Medical Debt Collection Practices

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On October 1, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion aimed at debt collectors and emphasizing their obligations under the Fair Debt Collection Practices Act (FDCPA) and Regulation...more

Ballard Spahr LLP

CFPB Blog: Debt collectors who attempt to collect on spouse’s medical bills from a survivor may violate federal law

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The CFPB recently issued a blog post, highlighting debt collection impacts on surviving spouses. In the blog, the CFPB warns that debt collectors who try to collect on a spouse’s medical bills from a survivor, who is not...more

Orrick, Herrington & Sutcliffe LLP

CFPB discusses impact of debt collection practices on surviving spouses

On September 20, the CFPB published a blog post that addressed debt collectors targeting surviving spouses for the unpaid medical bills of their deceased partners....more

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