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Financial Services Industry › Debt Buyers › Consumer Protection Laws

Orrick, Herrington & Sutcliffe LLP

California DFPI updates regulations under its Debt Collection Licensing Act

Orrick, Herrington & Sutcliffe LLP on

Recently, the California DFPI adopted updated regulations concerning the state’s Debt Collection Licensing Act. The DFPI established definitions and specific requirements for the term “net proceeds generated by California...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit orders en banc rehearing in Hunstein

Sheppard Mullin Richter & Hampton LLP on

On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – January 2020

Hinshaw & Culbertson LLP on

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. ...more

Perkins Coie

Caveat Emptor: Debt Buyers Beware!

Perkins Coie on

Companies whose primary business purpose is to collect debts—whether or not they actually participate in the debt collection activities—suffered a setback recently. Despite a debt purchaser’s not having any direct contact...more

Ballard Spahr LLP

Plaintiff Can Sue as "Consumer" Under FDCPA Despite Claiming Debt Not His, Court Rules

Ballard Spahr LLP on

In Loja v. Main Street Acquisition Corporation, the plaintiff filed a lawsuit in federal district court for alleged FDCPA violations against Main Street Acquisition Corporation and the law firm it retained to file a state...more

Ballard Spahr LLP

California Enacts Additional Limits on Collecting Time Barred Debts

Ballard Spahr LLP on

Beginning in 2019, all California “debt collectors”—including creditors collecting their own debts regularly and in the ordinary course of business—will be required to provide notice to debtors when collecting on debts that...more

Chambliss, Bahner & Stophel, P.C.

Good News for Revenue Cycle Management Companies - Recent Supreme Court Decision on the Scope of the Fair Debt Collection...

Chambliss, Bahner & Stophel, P.C. on

The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a...more

Ballard Spahr LLP

Defaulted Debt Buyer Does Not Collect Debts “Due Another” Under FDCPA, SCOTUS Rules

Ballard Spahr LLP on

The U.S. Supreme Court has unanimously ruled that a purchaser of defaulted debt did not qualify as a debt collector under the Fair Debt Collection Practices Act (FDCPA) because it did not collect debts "due another", but...more

Burr & Forman

Supreme Court: Debt Buyers Collecting Debts That They Own Are Not "Debt Collectors" Under FDCPA

Burr & Forman on

On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a “debt collector” as defined by the Fair Debt Collection Practices Act (“FDCPA”) if it is regularly...more

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