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Consumer Reporting Agencies Debt Collectors

Orrick, Herrington & Sutcliffe LLP

District court rules FDCPA claims survive in fraud case against bank

On August 13, the U.S. District Court for the Northern District of California granted in part and denied in part the defendant’s motion for summary judgment, allowing the plaintiff’s claim under the FCRA against a bank to...more

Cozen O'Connor

FCRA, FDCPA, TCPA Filings Are Surging — Are Your Defenses Ready?

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The second quarter of 2025 delivered a noticeable uptick in consumer protection lawsuits targeting banks and other financial institutions. FCRA filings jumped about 12% year-over-year, TCPA cases spiked as much as 39% in...more

Cooley LLP

CFPB Finalizes Rule Curbing Use and Reporting of Medical Debt

Cooley LLP on

On January 7, 2025, the Consumer Financial Protection Bureau (CFPB) issued a final rule that would generally prohibit lenders from considering medical debt information when determining a consumer’s eligibility for credit, and...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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 Locke

CFPB Intensifies Scrutiny on Medical Debt Collection Practices

Troutman Pepper Locke on

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

Troutman Pepper Locke

Alabama Federal Court Allows FDCPA Case Involving Ambiguous Dispute Letters to Proceed to Trial

Troutman Pepper Locke on

The U.S. District Court for the Northern District of Alabama recently issued a decision in a Fair Debt Collection Practices Act (FDCPA) case highlighting the importance of clear and unambiguous communication in debt...more

Hudson Cook, LLP

[Webinar] Preparing for the New CFPB Enforcement Order Registry - June 27th, 2:00 pm ET

Hudson Cook, LLP on

Nonbank financial services companies with prior enforcement orders are preparing for the Consumer Financial Protection Bureau’s (CFPB) new Registry, which takes effect September 16. Nonbank consumer lenders, loan servicers,...more

Troutman Pepper Locke

Illinois Passes Legislation to Ban Reporting of Medical Debt

Troutman Pepper Locke on

On May 16, the Illinois legislature passed Senate Bill (SB) 2933. The bill amends the Illinois Consumer Fraud and Deceptive Business Practices Act making it unlawful for a consumer reporting agency (CRA) to create a consumer...more

Troutman Pepper Locke

Nevada Federal Court Declines to Decide at Summary Judgment Stage Whether Pre-Dispute Investigation Was Sufficient to Satisfy FCRA

Troutman Pepper Locke on

A federal district court judge in Nevada recently denied competing motions for summary judgment in a Fair Credit Reporting Act (FCRA) furnisher investigation case, demonstrating the challenges FCRA litigants often face in...more

Ballard Spahr LLP

CFPB files amicus briefs in FDCPA case and also files amicus brief in FCRA case jointly with FTC

Ballard Spahr LLP on

The CFPB recently filed two amicus briefs, one in a First Circuit case involving the Fair Debt Collection Practices Act (FDCPA) and the other, which was filed jointly with the Federal Trade Commission, in a Fourth Circuit...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Troutman Pepper Locke

Federal Magistrate Recommends Dismissal of FDCPA and FCRA Case on Statute of Limitation and Reasonableness of Reporting Grounds

Troutman Pepper Locke on

On November 9, a magistrate judge in the Northern District of Georgia issued a Report & Recommendation to grant a motion to dismiss because the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claims were time-barred...more

Troutman Pepper Locke

Wisconsin Federal District Court Denies Cross-Motions for Summary Judgment Holding the Reasonableness of Furnisher’s Investigation...

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A U.S. District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the...more

Troutman Pepper Locke

NYC Department of Consumer and Worker Protection Proposes Amendments to Debt Collection Rules

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New York City’s Department of Consumer and Worker Protection (NYC DCWP) recently released a notice of proposed amendments to its debt collection rules. The proposed amendments are detailed, lengthy, and include expanded...more

Husch Blackwell LLP

Debt Collectors Facing Heat on New State Medical Debt Collection Laws

Husch Blackwell LLP on

As those living in the southwestern United States enter the dog days of summer, debt collectors are especially feeling the heat. As if complying with the myriad of state and federal regulations covering the debt collection...more

Orrick, Herrington & Sutcliffe LLP

Split 9th Circuit: Nevada’s medical debt collection law is not preempted

The U.S. Court of Appeals for the Ninth Circuit recently issued a split decision upholding a Nevada medical debt collection law after concluding the statute was neither preempted by the FDCPA or the FCRA, nor a violation of...more

Venable LLP

CFPB Eyes Consumer Payment Markets for Supervision and Examinations

Venable LLP on

The CFPB's latest regulatory agenda signals that it is considering rules to define larger participants in markets for consumer payments, to be published in July 2023. This action, if implemented, would represent a sea change...more

Orrick, Herrington & Sutcliffe LLP

CFPB finds 33 percent decline in collections tradelines on credit reports

On February 14, the CFPB released a report examining debt collection credit reporting trends from 2018 to 2022. The Bureau’s report, Market Snapshot: An Update on Third-Party Debt Collections Tradelines Reporting, is based on...more

Ballard Spahr LLP

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

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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

Troutman Pepper Locke

CFPB Analyzes Potential Impact of Changes in Medical Debt Credit Reporting

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On March 1, the Consumer Financial Protection Bureau (CFPB) released a report highlighting the effect of medical collections on consumer credit reports. The CFPB found that medical collections tradelines appeared on 43...more

Ruder Ware

Significant Changes to Medical Collection Debt Reporting: How Might it Affect Business?

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In March of this year, the three major nationwide credit reporting agencies (Equifax, Experian, and TransUnion) announced there would be substantial changes to medical collection debt reporting coming this summer in an effort...more

Troutman Pepper Locke

CFPB Supervisory Report Finds Issues in Several Financial Institution Practices

Troutman Pepper Locke on

On May 2, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Supervisory Highlights report on legal violations discovered during examinations in the second half of 2021....more

Ballard Spahr LLP

CFPB Deputy Director Martinez invites discussion of payday payment plans and credit reporting of medical debts

Ballard Spahr LLP on

Last week, CFPB Deputy Director Zixta Martinez provided the opening remarks at the CFPB’s Academic Research Council meeting. In her remarks, Martinez emphasized the CFPB’s role as a data-driven agency and welcomed further...more

Troutman Pepper Locke

White House Signals Strong Consumer Protections in Medical Debt

Troutman Pepper Locke on

On April 11, the White House published a fact sheet, outlining the Biden administration’s actions to lessen the burden of medical debt and increase consumer protection. The plan includes four focus areas...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

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