This morning the CFPB released a new proposed rule that would govern debt collection. Continuing a process begun in 2013, the rule would mark the first major update to the FDCPA in more than 40 years. A common theme throughout the process of developing the rule has been a concentration on updating the FDCPA to

2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.  

In this report, we share developments on

We are pleased to announce that Troutman Sanders attorneys Jonathan Floyd and Ethan Ostroff will be presenting during the Receivables Management Association International 22nd Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. Jonathan will be on a panel speaking on, “Time- Barred Debt Collection – Compliance Strategies by Circuit,” on

We are pleased to announce that Troutman Sanders attorneys Jonathan Floyd and Julie Hoffmeister will be presenting during the 13th Annual Credit Grantor Consortium at the Loews Regency Hotel in New York City, NY. CCN Consortium wants to focus heavily on trending topics in credit reporting, including a technology update, TCPA, politics within the

On April 13, the United States District Court for the Eastern District of Wisconsin granted summary judgment to defendants in a lawsuit brought under the Fair Debt Collection Practices Act (“FDCPA”) and the Wisconsin Consumer Act (“WCA”).  A copy of the Court’s opinion can be found here.

The case arises from a state court

Under prior director Richard Cordray, the Consumer Financial Protection Bureau earned a reputation as an extremely aggressive regulator. However, since acting director Mick Mulvaney took office more than four months ago, the agency has not brought a single enforcement action.

Mulvaney has said that, in general, the CFPB will only go after egregious cases of

The Clarifying Lawful Overseas Use of Data Act, commonly referred to as the “CLOUD Act,” a last-minute addition to the $1.3 trillion federal spending bill, has been signed into law by President Donald Trump. The Act allots the United States government more access to Americans’ overseas data for law enforcement purposes and helps foreign governments

The Supreme Court recently held that civil actions consolidated under Rule 42(a) retain their separate identities, so that a final decision in one action is immediately appealable by the losing party, even if other actions in the consolidated proceeding remain.

Consumer litigation often lends itself to consolidation under Federal Rule of Civil Procedure 42 because

On March 29, 2018, the United States Court of Appeals for the Second Circuit rendered a long-awaited opinion in what is commonly called a “reverse-Avila” or “current account balance” case, holding that it is not a violation of the Fair Debt Collection Practices Act (“FDCPA”) for a debt collector to state a consumer’s

On February 12, 2018, the Consumer Financial Protection Bureau (“CFPB”) released its strategic plan for 2018 through 2022. The plan, which will take two years to implement, calls for placing new restrictions on the CFPB’s enforcement authority. “The proposed reforms would impose financial discipline, reduce wasteful spending, and ensure appropriate congressional oversight,” according to