News & Analysis as of

State and Local Government Debt Collectors

Troutman Pepper

Arizona, Kentucky, and Hawaii Become Latest States to Introduce Legislation to Regulate Earned Wage Access Products

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Recently, Arizona, Kentucky, and Hawaii have jumped on the bandwagon to regulate earned wage access (EWA) products and services. Arizona’s proposed bill makes clear that EWA services are not considered to be loans or money...more

Ballard Spahr LLP

CO and NY enact laws to prevent reporting of medical debt to credit bureaus

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Colorado and New York are not waiting for the Fair Credit Reporting Act rulemaking to eliminate creditor use of medical debt announced by the CFPB in September 2023. As we previously blogged, in the past two years, Equifax,...more

Alston & Bird

Application Deadline Looms Under California Debt Collection Licensing Act

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On September 25, 2020, California Governor Gavin Newsom approved Senate Bill 908 – enacting the Debt Collection Licensing Act (DCLA). The DCLA, which takes effect January 1, 2022, requires a person or entity engaging in the...more

Sheppard Mullin Richter & Hampton LLP

New York Enacts Consumer Credit Fairness Act, Impacting Debt Collection Actions

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382). The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that...more

Ballard Spahr LLP

New York enacts significant changes impacting debt collection lawsuits

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On November 8, 2021, New York Governor Hochul signed into law the “Consumer Credit Fairness Act” (S.153).  The Act contains a series of amendments to the New York Civil Practice Law and Rules that significantly impact debt...more

Bradley Arant Boult Cummings LLP

New York Adds ADA-Type Requirement and Teeth to Debt Collection Procedure Act

On October 8, the governor of New York signed Bill No. AO-2260A to assist borrowers who need accommodation for visual impairments. Bill No. AO-2260A is “an act to amend the general business law, in relation to requiring debt...more

Ballard Spahr LLP

NYC Department of Consumer Affairs Releases Glossary and Translations of Commonly Used Terms Just Before Expiration of Enforcement...

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The enforcement grace period for the New York City Department of Consumer Affairs’ (DCA) new debt collection rules, ended October 1, 2020....more

Hudson Cook, LLP

The City that Never Sleeps on Debt Collection: A Primer on New York City's Debt Collection Regulations

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The New York City Department of Consumer and Worker Protection ("DCWP") (formerly the Department of Consumer Affairs) promulgated new debt collection rules this spring to provide protections to consumers with limited English...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

Sheppard Mullin Richter & Hampton LLP

California Legislature Passes Mini-CFPB Bill; If You Liked The Department Of Business Oversight, Get Ready For The Department Of...

On August 31, both houses of the California legislature passed and sent to Governor Newsom for signature the California Consumer Financial Protection Law (the CCFPL). Effective on January 1, 2021 if Governor Newsom signs the...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the...more

McGlinchey Stafford

Am I subject to the Fair Debt Collection Practices Act?

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The Bullet Point: An Ohio Commercial Law Bulletin Am I subject to the Fair Debt Collection Practices Act? Civil Liability for Criminal Act Buddenberg v. Weisdack, Slip Opinion No. 2020-Ohio-3832 In this case, the...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

McGlinchey Stafford

Alert Update: Preliminary injunction prohibits enforcement of portions of Massachusetts emergency debt collection regulation

McGlinchey Stafford on

Attorney General Maura Healey from enforcing emergency regulation 940 CMR 35.00, which prohibits certain debt collection activities, including debt collection calls, for a period of 90 days beginning on March 26, 2020 (until...more

Hinshaw & Culbertson - Consumer Crossroads

Federal Court Nixes Massachusetts Attorney General's Emergency Debt Collection Regulations

On May 6, 2020, a federal court granted ACA International's request for a temporary restraining order of the Massachusetts Attorney General's emergency regulations prohibiting debt collection calls and enforcement actions...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Ballard Spahr LLP

CFPB announces proposed consent order with companies alleged to have collected loans void under state law

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The CFPB announced that it has entered into a proposed consent order with Think Finance and six subsidiaries (collectively, the “Think Entities’) to settle the Bureau’s lawsuit filed in November 2017 that alleged the Think...more

Alston & Bird

Maine Enacts Law Protecting Victims of Economic Abuse

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A&B Abstract: An Act to Provide Relief to Survivors of Economic Abuse (the “Economic Abuse Law”), effective September 19, 2019, is aimed at preventing “economic abuse” by providing certain protections to victims of such...more

Ballard Spahr LLP

CA enacts law prohibiting postsecondary schools from withholding transcripts as debt collection tool

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On October 4, California Governor Gavin Newsom signed into law Assembly Bill 1313, which prohibits postsecondary schools from withholding transcripts as a debt collection tool.  The law is effective January 1, 2020. ...more

Cozen O'Connor

The State AG Report Weekly Update September 2019 #4

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Cannabis/Marijuana- Bipartisan Coalition of 21 Attorneys General Pen Letter to Congress in Support of Cannabis Banking Bill- A bipartisan coalition of 21 AGs, led by District of Columbia AG Karl Racine, sent a letter to...more

Cozen O'Connor

The State AG Report Weekly Update September 2019 #1

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Antitrust- FTC Settles with Investment Advisor and Funds Over Alleged Violation of Premerger Notification and Waiting Period Requirements- The Federal Trade Commission (“FTC”) settled with investment advisor Third Point...more

Ballard Spahr LLP

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

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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

Ballard Spahr LLP

Texas amends debt collection law to add new requirements for debt buyers

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On June 14, 2019, Texas Governor Greg Abbott signed HB 996, which amends Chapter 392 of the Texas Finance Code dealing with debt collection.  The amendments are effective September 1, 2019. ...more

Lowndes

Collecting Smaller Debts Just Got Easier for Creditors Thanks to New Legislation

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Collecting smaller debts may be getting easier. On May 24, 2019, Governor DeSantis signed HB 337 which increased the jurisdictional limits of the county courts. Presently, county courts handle lawsuits for up to $15,000 while...more

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