The Ninth Circuit Court of Appeals held in Urbina v. National Business Factors Inc. that a debt collector cannot use a “bona fide error” defense to shield itself from liability under the Fair Debt Collection Practices Act (“FDCPA”) by merely: (1) requiring its creditor clients to provide accurate account information, and (2) requesting verification
The Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) regarding the amendment of the exemptions under the Telephone Consumer Protection Act (“TCPA”) allowing some entities to make calls using automated telephone dialing systems or artificial or pre-recorded voices, which could possibly include debt collection calls. The comment period has since closed.
In
Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the TCPA only applies to equipment that randomly or sequentially generates telephone numbers to be called and does not apply to dialers
Fannie Mae and Freddie Mac provided temporary guidance to lenders due to COVID-19 on various topics related to servicing mortgage loans. On June 30, Fannie Mae updated its COVID-19 Frequently Asked Questions – Servicing on the topics related to retention workout options, reporting and operational processes, and incentive fees, amongst other topics.
Foreclosure Suspension Extended
The Consumer Financial Protection Bureau issued a statement on June 3 relaxing the requirements for some electronic disclosures given for requests by consumers made via telephone for credit card plans. The CFPB acknowledged that credit card issuers are receiving more calls and may have limited staffing due to the pandemic. Many institutions are asking for
In July 2019, the Consumer Financial Protection Bureau and the Federal Reserve Board published a final rule on inflation-based adjustments to the dollar amounts under Regulation CC. As a reminder, the increased dollar amounts become effective July 1, 2020.
The Dodd-Frank Act requires adjustments every five years, calculated by the annual percentage increase in the
The United States Court of Appeals for the Seventh Circuit affirmed an Illinois district court’s judgment against Dish Network for Telephone Consumer Protection Act violations except for the calculations of damages.
The telemarketing calls deemed to violate the TCPA were made to consumers who had signed up for the Do Not Call List and previously