Troutman Pepper Attorneys, David Anthony and Jonathan Floyd recently published the article, “The Inconvenience of Convenience Fees” in ACA’s Collector Magazine.
Convenience fees have emerged as a prominent topic and potential source of litigation in the accounts receivable management (ARM) industry as creditors and debt collectors look to defray the expense of payment processing. The
Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the notification process required by 15 U.S.C. § 1681s-2(b), which foreclosed their private right of action.
The case is Sprague v. Salisbury Bank
In January 2017, the Attorney General of Colorado filed two lawsuits against Marlette Funding LLC and Avant of Colorado LLC. Among other things, the lawsuits claimed that these two companies, as the online platforms for loans made to Colorado citizens, violated Colorado’s usury caps. In November 2018, the Attorney General amended the complaint to include
On August 13, 2020, the Oregon Bankers Association (“OBA”) and three Oregon-chartered banks filed a Complaint for declaratory and injunctive relief against the State of Oregon, Oregon’s Attorney General, and the Director of the Oregon Department of Consumer and Business Services. The Complaint alleges that House Bill 4204 (“HB 4204” or “the Bill”) is unconstitutional
On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m.
The proposed amendments are available in redline here.
August 27, 2020
9:00am PT/12:00pm ET
Consumer counterclaims present a frustrating dilemma and tough strategic choices for debt collectors. Essentially required to bring most collection actions in state small claims courts, debt collectors routinely find themselves defending counterclaims, including federal claims before elected judges and state court juries. This webinar will examine common threatened and
On June 29, 2020, the United State House of Representatives passed the Protecting Your Credit Act of 2020, H.R. 5332. The purpose of the bill is to “ensure that consumer reporting agencies are providing fair and accurate information reporting in consumer reports” by amending certain provisions of the Fair Credit Reporting Act (“FCRA”).
If the
FREE Webinar
Time-Barred Debt Collection Strategies
Monday, August 3 at 3pm ET
Collecting debt where the statute of limitations has expired is a lot harder than it appears. There are additional compliance hurdles that need to be surpassed and the conversations and communications with individuals need to different.
Join a pair of compliance experts as
The CDIA Virtual Law & Industry Conference will be held as half day conferences on September 22, 23, & 24, 2020 and will feature 3 sessions and various networking opportunities each day. Please check back as the agenda will be updated as more information becomes available. David Anthony is speaking and Troutman Pepper is also
Troutman Pepper attorneys David Anthony, Timothy St. George, and Cindy Hanson will be presenting during the PBSA Annual Conference on September 14, 2020 from 12:15 – 12:45pm. The webinar is titled, “Five Key Lessons for Defending FCRA Class Action Lawsuits.”
Companies in the background screening industry face legal risks under the Fair Credit