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Trend to watch: New legislation may blur lines between student loan servicing and debt collection

The New York state legislature is currently considering a pair of companion bills which would impose detailed notice and records requirements upon student loan servicers. New York Senate bill S5136B, which was passed by the...more

CFPB Fall 2022 Supervisory Highlights looks at auto servicing, consumer reporting, credit card account management, debt...

The CFPB has released the Fall 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection,...more

CFPB releases report and issues circular on nursing home debt collection

If you’re collecting debt for nursing home care, you might want to double check who is responsible for payment. Last week, in conjunction with a field hearing, the CFPB issued a new Consumer Financial Protection Circular and...more

CFPB looks at connection between financial assistance for medical care and medical collections

In a blog post published last week, the CFPB looked at the connection between eligibility for financial assistance under policies mandated by the Affordable Care Act (ACA) and medical collections.  The ACA requires nonprofit...more

CFPB to hold Sept. 8 field hearing on nursing home debt collection practices

The CFPB has announced that on September 8, 2022, it will hold a field hearing on nursing home debt collection practices. The event will be hosted by Director Chopra....more

CFPB adds new debt collection rule FAQs

Last week, the CFPB published additional frequently asked questions on Regulation F, its debt collection rule.   The new FAQs address third-party communications, electronic communications, and unusual or inconvenient time and...more

CFPB issues advisory opinion on permissibility of “convenience fees” charged by debt collectors subject to the FDCPA

The CFPB has issued an advisory opinion that addresses when the Fair Debt Collection Practices Act permits a debt collector to charge “pay-to-pay” or “convenience fees,” such as fees imposed for making a payment online or by...more

CFPB Spring 2022 Supervisory Highlights looks at auto servicing, credit reporting, credit card account management, debt...

The CFPB has released the Spring 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection,...more

CFPB issues report on consumer complaints involving medical debt; Biden Administration announces actions relating to medical debt

Just a little more than a month after issuing a report taking aim at medical debt collections, the CFPB has issued a new report on “Medical billing and collection issues described in consumer complaints.”...more

CFPB criticizes transcript withholding by postsecondary schools

A recent CFPB blog post endorsed part of U.S. Department of Education Secretary Cardona’s keynote address for the 2021 FSA Training Conference that issued a call to end the longstanding institutional practice of transcript...more

CFPB issues annual FDCPA report; FTC issues annual letter on debt collection to CFPB

The CFPB has issued its annual Fair Debt Collection Practices Act report covering the CFPB’s debt collection activities in 2021. The report incorporates information from the FTC’s most recent annual letter to the CFPB...more

Equifax, Experian, and TransUnion announce changes in medical debt reporting

Equifax, Experian, and TransUnion have announced that effective July 1, 2022, they will no longer include medical debt that was paid after it was sent to collections on consumer credit reports.  In addition, the time period...more

CFPB updates debt collection examination procedures

The CFPB has updated the section of its Supervision and Examination Manual on debt collection examination procedures.  The update reflects the requirements of Regulation F, the Bureau’s final debt collection rule that...more

CFPB issues report on medical debt

A new CFPB report titled “Medical Debt Burden in the United States,” takes aim at medical debt collections, with the CFPB indicating that it intends to “[d]etermine whether policies should be implemented to eliminate unpaid...more

Seventh Circuit issues decision on FDCPA standing and bona fide error defense

A new decision from the U.S. Court of Appeals for the Seventh Circuit in two consolidated cases analyzes the requirements for Article III standing in a FDCPA case. It also addresses what a debt collector must show to...more

CFPB highlights changes in VA medical debt credit reporting practices as precedent for broader healthcare industry

In a blog post, the CFPB reported that the Department of Veterans Affairs (VA) has announced a change to when it will report information on outstanding medical bills to consumer reporting companies. ...more

CFPB to begin examining post-secondary schools that loan directly to students

The CFPB has announced that it will begin examining post-secondary schools, such as for-profit colleges, that extend private loans directly to students and/or parents to fund undergraduate, graduate, and other forms of...more

CFPB Fall 2021 Supervisory Highlights Look at Credit Cards, Debt Collection, Deposits, Fair Lending, Mortgage Servicing, Payday...

The CFPB has released the Fall 2021 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of credit card account management, debt collection, deposits, fair lending, mortgage...more

CFPB Fall 2021 Supervisory Highlights looks at credit cards, debt collection, deposits, fair lending, mortgage servicing, payday...

The CFPB has released the Fall 2021 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of credit card account management, debt collection, deposits, fair lending, mortgage...more

ED recalls federal student loans from private debt collectors

With the return to repayment of federal student loans on February 1, 2022 quickly approaching, the Department of Education’s Office of Federal Student Aid (FSA) recently notified the private collection agencies (PCAs) under...more

House Financial Services Committee to mark-up bills dealing with debt collection, diversity and inclusion

Today, April 20, the House Financial Services Committee is scheduled to mark-up a series of bills that include a bill dealing with debt collection and two bills dealing with the diversity and inclusion practices of banks and...more

Third Circuit holds ECOA does not preempt NJ’s doctrine of necessaries and affirms dismissal of FDCPA claims

The U.S. Court of Appeals for the Third Circuit has held that the Equal Credit Opportunity Act does not preempt New Jersey’s common-law doctrine of necessaries whereby a spouse is jointly liable for necessary expenses...more

3/18/2021  /  Debt Collection , ECOA , FDCPA , Preemption

CFPB issues special edition of Supervisory Highlights on COVID-19 prioritized assessments

The CFPB has issued “Supervisory Highlights COVID-19 Prioritized Assessments Special Edition.” The report indicates that in May 2020, the Bureau rescheduled about half of its planned examinations and instead conducted...more

CFPB sues operator of bad-check pretrial-diversion programs for engaging in unlawful debt collection practices

In a new lawsuit filed in a Missouri federal district court, the CFPB alleges that BounceBack, Inc. violated the FDCPA and CFPA in connection with its operation of bad-check pretrial-diversion programs on behalf of more than...more

FTC settles first enforcement action targeting “debt parking”

The FTC has announced a settlement of its first enforcement action targeting the practice of “debt parking.” As described in the FTC’s complaint filed in a Missouri federal district court against Midwest Recovery Systems,...more

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