Last year, the Consumer Financial Protection Bureau (CFPB) released the final version of Regulation F, a significant rule updating the Fair Debt Collection Practices Act (FDCPA). The rule addresses how debt collection regulations relate to the changes in communication technology since the FDCPA’s initial passage into law in 1977. It will take effect on November… Continue reading CFPB’s Regulation F Debt Collection Rule Goes into Effect November 30
Tag: FDCPA
CFPB Releases Final Debt Collection Rule
The Consumer Financial Protection Bureau (CFPB) released the final version of a debt collection rule that was last seen in proposed form back in May 2019. The rule, known as Regulation F, is a major update to the Fair Debt Collection Practices Act (FDCPA). This 653-page rule primarily serves to address how the law applies to… Continue reading CFPB Releases Final Debt Collection Rule
California Legislature Passes Debt Collection Licensure Law
This week, both houses of the California state legislature passed the Debt Collection Licensing Act (SB 908), a bill that makes California one of 35 states to require a license in order to practice debt collection. Governor Gavin Newsom is expected to sign the bill into law. Deriving its authority from an existing law, the… Continue reading California Legislature Passes Debt Collection Licensure Law
SCOTUS Rules that CFPB Director Can Be Fired by President but Is Otherwise Constitutional
The Supreme Court ruled that the president has the power to fire the Director of the Consumer Financial Protection Bureau (CFPB), but otherwise affirmed the constitutionality of the independent regulatory agency.
Collections Compliance: the Laws that Govern the Collections Industry
Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation. Compliance in either field is complicated enough on its own but compliance for debt collectors who use telephone solicitation in order to conduct their business imposes difficulties to an extent beyond the mere sum of the complexities of either field on its own.
CFPB Asks FCC to Allow Robocalls from Banks About Financial Relief Programs Related to the Coronavirus Crisis
In an unusual move relative to its customary stance on such issues, the Consumer Financial Protection Bureau (CFPB) has requested that the Federal Communications Commission (FCC) ease restrictions on the use of automated phone calls by banks and financial institutions in order to communicate with consumers about the various financial relief programs and services available … Continue reading CFPB Asks FCC to Allow Robocalls from Banks About Financial Relief Programs Related to the Coronavirus Crisis
CFPB Update Could Allow Unlimited Texts and Emails to Consumers
It’s been a big week for the Consumer Financial Protection Bureau (CFPB). Newly proposed debt collection rules that may update the 1977 Fair Debt Collection Practices Act (FDCPA) could allow debt collectors to send unlimited texts and emails to consumers. The proposed Regulation F contains detailed, substantive rules that will have a major impact on the… Continue reading CFPB Update Could Allow Unlimited Texts and Emails to Consumers
80 Lawsuits – A Serial Litigator’s Success Story
He calls himself a private attorney general—someone who files lawsuits in the public interest. But debt collection agencies have another name for him … Serial Litigator. Craig Cunningham has filed over 80 consumer protection lawsuits against companies that made the mistake of calling him on past due debts. While most people dread receiving calls from debt collectors and… Continue reading 80 Lawsuits – A Serial Litigator’s Success Story
Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled. Reny Rivero sued America’s Recovery Solutions alleging violations of the TCPA based… Continue reading Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules