Recognizing the impact of the coronavirus (“COVID-19”) health crisis, the North America Collection Agency Regulatory Association (“NACARA”) recently released a message offering information and guidance to consumers, financial institutions, including debt buyers and collection agencies, and fellow regulators.
Consumers and Commercial Debtors
Noting that many consumers and commercial debtors may face difficulties in repaying accounts
On March 27, Minnesota Gov. Tim Walz clarified that Executive Order 20-20, which directed Minnesota residents to stay at home, applies to debt collection professionals. Due to ongoing coronavirus (“COVID-19”) concerns, Executive Order 20-20, which will remain in effect until April 10, 2020, orders all persons living in the State of Minnesota to stay
On March 30, 2020, the Third Circuit Court of Appeals issued its long awaited en banc decision in Riccio v. Sentry Credit, Inc., overruling decades-old precedent and holding Section 1692g(a)(3) of the Fair Debt Collection Practices Act (FDCPA) allows debtors to dispute a debt orally as well as in writing. See No. 18-1463 (3d
While the nation faces unprecedented furloughs, layoffs, and economic difficulties, scammers continue to find novel ways to profit. In an attempt to dispel misinformation and provide guidance, the Federal Trade Commission is taking action to halt snake oil products and educate consumers on these ever-evolving scams.
Mimicking techniques routinely used by lenders to lawfully communicate
On March 30, the Illinois Department of Financial and Professional Regulation (“the Department”) issued a statement, accessible here, providing guidance to licensed debt collectors and debt buyers relaxing statutory guidelines mandating that collection actions only take place at their registered addresses. As many non-essential businesses throughout the state transition into having employees work from
One day after Virginia Gov. Ralph Northam imposed a state-wide stay-at-home order, the Supreme Court of Virginia extended the ongoing judicial emergency by 20 days, to run through April 26, 2020.
On March 16, the Chief Justice declared a judicial emergency, effective through April 5, “to protect the health and safety of court employees,
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a $2 trillion stimulus bill enacted in response to the ongoing coronavirus (“COVID-19”) pandemic, contains numerous provisions impacting federal student loans for the next six months. Considering how the amount of outstanding student loan debt is in excess of $1.5 billion, and much of that
New Jersey Gov. Phillip Murphy announced on March 28 that homeowners whose finances have been affected by the coronavirus (“COVID-19”) would get a 90-day reprieve on their mortgage payments.
According to the announcement, lenders must waive late fees and other expenses that a borrower would incur due to the grace period.
Last Friday, the North Carolina Department of Insurance issued an order and bulletin enacting emergency provisions that require debt collectors – including debt buyers – to provide North Carolinians with the option of deferring payments that are due during North Carolina’s major disaster proclamation. The Department provided an amended order on Monday, March 30.
Like most industries today, consumer finance services businesses are being significantly impacted by the novel coronavirus (“COVID-19”). Troutman Sanders and Pepper Hamilton have developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19-related news and developments, recommendations from leading health organizations, and tools