Debt Buyers + Collectors

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On February 9-11, 2016, DBA International will host its annual conference – Moving Forward Together – at the Aria Resort & Casino in Las Vegas.

We are pleased to announce that two of our Consumer Financial Services lawyers will serve as faculty at this year’s event.

David Anthony will present “The Devil is in the…

Last week, Missouri’s attorney general proposed reforms to address collection practices that he believes target low-income and minority residents.

Attorney General Chris Koster said he sent a letter to the Missouri Supreme Court’s Commission on Racial and Ethnic Fairness requesting changes in court rules that he said would help prevent unscrupulous collection practices.

“These proposed…

On November 20, the Consumer Financial Protection Bureau released its eighth semi-annual report.  

The principal focus of the report was an articulation of the data collected by the CFPB through consumer complaints, including those from the debt collection industry.  According to the report, 30 million consumers currently have accounts in collection, with an average …

Expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.

January 26-27, Viceroy Miami, Miami, Florida

We are pleased to announce that John Lynch, partner at Troutman Sanders LLP, will speak on: Consumer Finance Class Action Litigation and Settlement Strategies, Procedural Considerations, Emerging Theories…

The stating of a representative’s personal name is immaterial to whether there is a meaningful disclosure of the caller’s identity as required by the Fair Debt Collection Practices Act , said the district court for the District of Oregon.  In Moore v. Account Control Technology, Inc., the court granted the defendant’s motion for summary …

A recent report from researchers at the Federal Reserve Bank of Philadelphia posits that creditors’ concerns about their reputations incentivize the outsourcing of debt collection to third-party debt collection agencies.  In the report titled “The Economics of Debt Collection: Enforcement of Consumer Credit Contracts,” authors Viktor Fedaseyeu and Robert Hunt developed a research model for…

On October 23, Judge Katherine Polk Failla of the Southern District of New York held that a fifty-character internal tracking number visible through the glassine window of the plaintiff’s collection letter envelope fell within the benign language exception and did not violate the Fair Debt Collection Practices Act.

In Gardner v. Credit Management LP,…

As we previously reported, several legal challenges to the Federal Communications Commission’s July 10, 2015 order (the “FCC Order”) interpreting the Telephone Consumer Protection Act of 1991 (“TCPA”) were consolidated with the District of Columbia Circuit Court of Appeals as ACA International, et al. v. Federal Communications Commission et al.  The challengers believe the…

As we previously reported, the Bipartisan Budget Act of 2015, which was passed by Congress and signed by President Obama on November 2, amended the Telephone Consumer Protection Act of 1991.  The TCPA limits the usage of automatic telephone dialing systems and artificial/prerecorded messages.  The recent modification allowed an exception to TCPA restrictions for…

On November 24, 2015, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin (2015-06), warning companies that they must ensure that consumer authorization is obtained before automatically debiting a consumer’s account and that required notifications to consumers must clearly describe the terms of the preauthorized electronic funds transfers (EFTs).

Importantly, for the first…