Reversing a district court’s dismissal for failure to state a claim under the Fair Debt Collection Practices Act (“FDCPA”), the Second Circuit (“the Court”) ruled in Mizrachi v. Wilson, Elser, Moskowitz, Edelman & Dicker LP that a threat of suit without further notice included in the defendant’s debt collection letter may have overshadowed notice of
We reported in September of this year on a demand from multiple consumer advocacy groups to the Consumer Financial Protection Bureau (“CFPB”) to rescind its April 1, 2020, credit report guidance that relaxed the Fair Credit Reporting Act’s (“FCRA”) deadlines to investigate consumer-initiated direct disputes. In a letter dated November 9, 2020, CFPB Director Kathleen
Following a Consumer Financial Protection Bureau (“CFPB”) investigation into its credit reporting procedures, telecommunications debt collector Afni, Inc. agreed Thursday to implement additional safeguards against inaccurate reporting and pay a $500,000 civil penalty.
The CFPB’s investigation found that Afni had violated the Fair Credit Reporting Act (“FCRA”) in several ways. First, Afni had negligently furnished
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can
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
The Financial Crimes Enforcement Network (FinCEN) and the Federal Reserve Board (referred to as “the Agencies”) are soliciting comments on or by November 27, 2020, on a proposed rule that would significantly expand the “Recordkeeping Rule” and “Travel Rule” regulations under the Bank Secrecy Act. The purpose is to fight terrorism, narcotics trafficking, and other
New York Attorney General Letitia James and Governor Andrew Cuomo announced on November 4, 2020, that the State will continue the suspension of its debt collection efforts of medical and student debt through the remainder of the calendar year. The suspension, which was originally instituted during March 2020 as part of the state’s response to
Wednesday, December 2 • 3:00 p.m ET/12:00 p.m. PT
California voters passed Proposition 24 during the 2020 general election to adopt the California Privacy Rights Act of 2020 (CPRA), which will amend the California Consumer Privacy Act of 2018 (CCPA) in several ways intended to enhance consumer privacy protections.
Join us Wednesday, December 2 as
On October 29, 2020, the FTC hosted its most recent “Green Lights & Red Flags” workshop. This virtual workshop focused on recent fraud patterns, advertising compliance, and data security.
Fraud Fashioned Under COVID-19. The pandemic’s effect on the consumer protection world was front and center at this year’s workshop. According to Andrew Smith, Director of
Recently, the Consumer Financial Protection Bureau filed an Amicus Curiae brief in the United States Court of Appeals for the Third Circuit addressing whether a debt collector violates the Fair Debt Collection Practices Act by accurately stating that it is seeking to collect $0.00 in interest and collection fees, including when interest and collection fees