The Federal Trade Commission and the New York Attorney General’s Office filed a joint complaint against a New York based debt collector that goes by several names, including National Check Registry. As a result of the complaint, the U.S. District Court for the Western District of New York froze the operation’s assets and appointed a
CFPB and 13 State AGs Team Up to Obtain Roughly $92 Million in Debt Relief from Rome Finance
Earlier today, the Consumer Financial Protection Bureau and thirteen state attorneys general released a Consent Order with Colfax Capital Corporation and Culver Capital, LLC, collectively known as “Rome Finance”, for approximately 17,000 military servicemembers and others harmed by predatory lending. This is the latest in an increasingly joint effort by state attorneys general and the
ACA International’s 75th Annual Convention & Expo
Celebrate the industry’s past, present and future while enjoying dazzling Chicago. Featuring a dynamic line-up of engaging speakers including Karl Rove and Ken Schmidt, exciting musical guests KC and The Sunshine Band, 40+ innovative educational sessions and a jam-packed Expo Hall, this is a must-attend event. There’s still time to register, so make plans to
NY Department of Financial Services Releases Revised Debt Collection Rules
On July 16, the New York State Department of Financial Services (DFS) proposed revised debt collection regulations for third-party debt collectors and debt buyers. The rules seek to clarify the required initial disclosures by debt collectors, disclosures for debts in which the statute of limitations may be expired, substantiation of consumer debts, debt payment procedures,
CFPB Adds Narrative to Complaint Database
The Consumer Financial Protection Bureau has announced a new proposal that will allow consumers the option to share a narrative of “what happened” in the CFPB’s public-facing Consumer Complaint Database. According to the CFPB, this new feature would “empower consumers to publicly voice their complaints about consumer financial products and services” and “provide important context
Plaintiff has Standing to Sue Under FDCPA for Misrepresentation He Never Knew About
Consistent with its expansive view of constitutional standing, the Ninth Circuit recently held that a plaintiff has constitutional standing under the Fair Debt Collection Practices Act to sue for a misrepresentation that was never actually communicated to him.
In Tourgeman v. Collins Financial Services, Inc., the plaintiff brought a class action lawsuit against multiple
CFPB Sues Credit-Card Collection Lawsuit Mill
The Consumer Financial Protection Bureau filed a lawsuit on July 14, 2014, in Atlanta federal court against a Georgia-based firm, Frederick J. Hanna & Associates, and its three principal partners for operating an alleged “debt collection lawsuit mill that uses illegal tactics to intimidate consumers into paying debts they may not owe.” The CFPB claimed
Michigan Supreme Court Expands Definition of “Collection Agencies” to Include Forwarders
In Badeen v. PAR, Inc., et al., the Michigan Supreme Court expanded the definition of “collection agency” under Michigan’s Occupation Code to include forwarders and forwarding companies.
The plaintiff collection agency brought an action against a number of automobile lenders and forwarding companies alleging that the forwarders were operating as “collection agencies” under
NY Department of Financial Services Releases Revised Debt Collection Rules
On July 16, the New York State Department of Financial Services (DFS) proposed revised debt collection regulations for third-party debt collectors and debt buyers. The rules seek to clarify the required initial disclosures by debt collectors, disclosures for debts in which the statute of limitations may be expired, substantiation of consumer debts, debt payment procedures,
9th Circuit Adopts FCC Opinion and Opens Door for Vicarious Liability Claims Under TCPA
In a novel ruling, the Ninth Circuit expressly adopted an opinion from the Federal Communications Commission, finding the potential for vicarious liability under the Telephone Consumer Protection Act. In Thomas v. Taco Bell Corp., No. 12-56458 (unpublished), the Ninth Circuit affirmed a lower court’s holding that Taco Bell was not vicariously liable under the