News & Analysis as of

Fair Debt Collection Practices Act Coronavirus/COVID-19

McGlinchey Stafford

Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

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Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more

Ruder Ware

Collections in a Post-COVID-19 World

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As a collection and banking attorney, I am often asked whether (or when) I think collections will restart now that we are somewhat “beyond” COVID-19, although not fully. In my own practice I have seen an increase in demand...more

Husch Blackwell LLP

Debt Collectors Facing Heat on New State Medical Debt Collection Laws

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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

Troutman Pepper Locke

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA...

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Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 12, 2022)

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Regulatory Announcements- CFPB Issues Advisory Opinion on FCRA Permissible Purposes for Providing Consumer Reports. On July 7, the CFPB issued an Advisory Opinion on the Fair Credit Reporting Act (FCRA) that outlines...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

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Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - April 2022 # 4

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Like most industries today, Consumer Finance Services businesses continue to be significantly impacted by COVID-19. ...more

Sheppard Mullin Richter & Hampton LLP

CFPB Signals Foray into Protecting Small Businesses from Abusive Debt Collectors

On April 15, the CFPB and FTC announced the release of a joint annual report to Congress administering the Fair Debt Collection Practices Act (FDCPA).  The annual report highlights both agencies’ efforts to protect and...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 24, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Troutman Pepper Locke

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

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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

Nutter McClennen & Fish LLP

Nutter Bank Report: October 2021

Federal and State Financial Regulators Publish New Guidance on LIBOR Transition - The federal banking agencies, the NCUA and the CFPB, in conjunction with the state bank and state credit union regulators, have issued joint...more

Perkins Coie

Strict Liability for Debt Collectors Attempting to Collect a Time-Barred Debt Through Litigation

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In 2020, the Consumer Financial Protection Bureau (CFPB) promulgated 12 C.F.R. § 1006.26, amending Regulation F, to implement and interpret the Fair Debt Collection Practices Act (FDCPA). It will become effective on November...more

Rivkin Radler LLP

Insurance Update - September 2021

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September. Synonymous with back to school, the end of summer, and the start of the NFL season. And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the...more

Goodwin

CFPB Sends Notification Letters to Landlords Regarding COVID-19 Evictions

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On May 3, 2021, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) sent notification letters reminding the nation’s largest apartment landlords of federal protections in place to keep tenants...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - May 2021 #2

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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

Dentons

Sample language for debt collectors in eviction matters.

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Abstract: United States: Consumer Financial Protection Bureau provides sample disclosure language and guidance regarding its new rule imposed upon debt collectors of landlords. Debt collectors, as defined under the Fair...more

Akerman LLP

CFPB and FTC Put Landlords On Notice Regarding Tenants' Pandemic Protections

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On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest...more

Cozen O'Connor

Residential Landlords Reminded Of Tenant Protections Under CDC’s Eviction Moratorium

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The Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) sent joint notification letters to the largest residential landlords in the United States, reminding them of the COVID-19-related...more

Cohen Seglias Pallas Greenhall & Furman PC

CFPB Enacts New Protections for Tenants Under the CDC Eviction Moratorium

On April 16, 2021, the Consumer Finance Protection Bureau (CFPB) issued an Interim Final Rule which, effective May 3, 2021, requires all “debtor collectors” pursuing an eviction to provide written notice to the tenant(s) of...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2021

CFPB Takes Steps to Avoid a Possible Wave of Home Mortgage Loan Foreclosures - The CFPB has issued guidance to mortgage servicers, including banks that service mortgage loans for third-party noteholders, that the CFPB...more

Buchalter

Buchalter COVID-19 Client Alert: DFPI Reminds Debt Collectors about Rental Protections for COVID-19 Rental Debt

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Acting under its new Debt Collection Licensing Act licensing administration and enforcement authority granted by SB 908, the DFPI Commissioner issued a public statement on April 9th reminding all future license applicants...more

Ballard Spahr LLP

CFPB issues interim rule applicable to FDCPA debt collectors seeking to evict tenants for non-payment of rent

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The CFPB has issued an interim final rule that requires “debt collectors” as defined under the FDCPA who seek to evict tenants for non-payment of rent to provide written notice to tenants of their rights under the Centers for...more

Troutman Pepper Locke

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

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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

McGlinchey Stafford

CFPB’s Interim Final Rule: Pandemic Debt Collection Practices Effective May 3

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On April 19, 2021, the CFPB announced that it issued an interim final rule (IFR) in support of the Centers for Disease Control and Prevention (CDC)’s residential eviction moratorium (CDC Order), which will be effective May 3,...more

Blank Rome LLP

CFPB Issues Debt Collection Interim Final Rule Due to the Ongoing COVID-19 Pandemic

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The CFPB’s interim final rule amends Regulation F to, among other things, (i) require debt collectors to provide written notice to certain consumers about the CDC’s temporary eviction protections; and (ii) prohibit debt...more

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