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Sixth Circuit Affirms Summary Judgment Finding Defendant Not a “Debt Collector” Under the FDCPA Where Account Was Not in Default...

As discussed here, in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections...more

Hunstein Dismissed

As discussed here, on September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed the district court’s decision that a debt collector’s outsourcing of its letter process to a third-party mail vendor...more

CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. Specifically, the CFPB...more

Permanent Version of DC’s Protecting Consumers From Unjust Debt Collection Practices Amendment Act Takes Effect January 1, 2023

As we previously discussed here, in March 2022, the D.C. Council of the District of Columbia Committee of the Whole met in a full hearing, in part to hear amendments introduced to B24-0357, known as the Protecting Consumers...more

Eleventh Circuit: Mini-Miranda Warning on Periodic Statements Can Be Considered Debt Collection Under FDCPA

Earlier this year, the Eleventh Circuit reversed the dismissal of a lawsuit when it held that monthly mortgage statements required by the Truth in Lending Act (TILA) and Regulation Z can constitute communications in...more

Tenth Circuit Adopts “Reasonable Consumer” Standard to Determine Materiality Under FDCPA

The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. According to a recent Tenth Circuit decision, however, the standard should be...more

Eleventh Circuit En Banc Panel Reverses Controversial Hunstein Decision

In a much anticipated decision released September 8, an en banc panel of the Eleventh Circuit Court of Appeals reversed the district court’s decision that a debt collector’s outsourcing of its letter process to a third-party...more

Federal Agencies Instructed to Minimize Effect of Medical Debt in Loan Considerations

On August 25, the Office of Management and Budget (OMB) directed federal agencies involved in originating consumer and small business loans — including the Small Business Administration, Department of Veterans Affairs,...more

Troutman Pepper Weekly Consumer Financial Services Newsletter - August 2022 #2

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Troutman Pepper Weekly Consumer Financial Services Newsletter - July 2022 #3

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

CFPB Targets Convenience Fees in Latest Advisory Opinion

On June 29, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion focused on consumer debt collectors and the convenience fees they charge for some payments, such as online or by phone....more

CFPB Questions Credit Reporting of Medical Debt

On March 1, the Consumer Financial Protection Bureau (CFPB) released its “Medical Debt Burden in the United States” report, which questions whether consumer credit reports should include unpaid medical billing data....more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - January 2022 # 3

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - January 2022

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - November 2021 # 3

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - November 2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Georgia Court Dismisses FDCPA Case Over Calls to Consumer’s Mother

A recent decision out of the Northern District of Georgia highlights how statutory language is still important when resolving matters under the FDCPA. In this case of Joe v. Capital Link Management LLC, the court held that...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - September 2021 #4

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - September 2021 #3

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Eastern District of New York Dismisses FDCPA Complaint Based on Lack of Standing

The Eastern District of New York recently found that a plaintiff lacked Article III standing to bring her FDCPA suit as she failed to demonstrate a concrete, particularized injury. In the case of Bush v. Optio Solutions LLC,...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - August 2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - July 2020 #4

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Eighth Circuit Holds Boilerplate Disclosures Alone Insufficient to Implicate FDCPA Protections

In Heinz v. Carrington Mortgage Services LLC, the Eighth Circuit held that the mere inclusion of boilerplate disclosure language does not transform an otherwise benign informational communication into one meant to induce...more

Minnesota Passes Laws Affecting Debt Buyers

On June 26, Minnesota Governor Tim Walz signed into law a bill that expands the regulation of the accounts receivable management industry to include debt buyers and affiliated companies....more

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