On August 2, the Consumer Financial Protection Bureau announced that it would be extending the public comment period on its Notice of Proposed Rulemaking (“NPRM”) to amend Regulation F as part of implementing the Fair Debt Collection Practices Act. The CFPB announced that it is extending the public comment deadline to September 18, 2019.
On
A recent ruling by the U.S. Court of Federal Claims has made it more likely that an ambitious overhaul of the federal student loan servicing industry will be forthcoming.
As background, the U.S. Department of Education has announced plans to make sweeping changes to the student loan industry by requiring that its loan servicers be
On July 24, the Federal Trade Commission filed an administrative complaint against Cambridge Analytica, alleging that the company deceived consumers by falsely claiming it did not collect any personally identifiable information from Facebook users. The FTC alleges that Cambridge Analytica in fact collected users’ Facebook User ID—which can include users’ real names—as well as other
Aspiring plaintiffs continue to litigate the issue of an attorney’s role in sending debt collection letters. Under the Fair Debt Collection Practices Act, a debt collector may not use false or misleading representations in the collection of a debt. 15 U.S.C. § 1692(e). In Bencomo v. Forster & Garbus LLP, et al., No.
On July 11, the Financial Services Committee of the U.S. House of Representatives held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System.” The hearing involved a series of bills that would potentially reform the Fair Credit Reporting Act. The proposed bills, which were advanced on a party-line vote
On July 18, the Consumer Financial Protection Bureau released a report analyzing market data from 2004 through 2018 on third-party debt collections tradelines reflected on credit reports compiled by the nationwide consumer reporting agencies. The CFPB segmented the report into two parts: buyers (entities that purchase debts and then collect on them) and non-buyers (entities
The Eastern District of New York recently granted a debt collector’s motion for summary judgment in a Fair Debt Collection Practices Act case because the collection letter clearly identified the creditor to whom the debt was owed and would not mislead even the least sophisticated consumer. In doing so, the Court critiqued the “lawyer’s case”
In a recent statement from the Federal Communications Commission, Chairman Ajit Pai proposed the adoption of new rules aimed at extending the anti-spoofing prohibitions in last year’s Ray Baum’s Act to international callers and texters. The provisions in last year’s Ray Baum’s Act extended the scope of the Truth in Caller ID Act, which the
On June 24, the Consumer Education Foundation (“CEF”), a California-based nonprofit consumer organization, filed a petition with the Federal Trade Commission requesting that it investigate the use of so-called “Secret Surveillance Scores” in the consumer market. The complaint alleges that consumer data points are covertly tracked and amassed by private firms to create a single
On June 25, a district court judge in the Eastern District of Louisiana granted the defendants’ motion to dismiss under Rule 12(b)(6) for failure to state a claim. The Court held that requiring the plaintiff, Iris Calogero, to repay funds arising from the overpayment of grant monies did not constitute a debt under the Fair