Last month, Republican staff members on the Committee of Financial Services in the U.S. House of Representatives issued a Report criticizing tactics used by the Consumer Financial Protection Bureau in the auto finance area. The Staff Report generally questions the CFPB’s disparate-impact claims under the Equal Credit Opportunity Act (“ECOA”) and the Bureau’s use of
Petitioners File Joint Brief Seeking to Overturn FCC’s July 2015 TCPA Order
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
Senate Democrats Look to Roll Back Recent TCPA Exception
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
The CFPB Issues Warning and Guidance on Obtaining Consumer Authorization for Preauthorized Electronic Funds Transfers that Confirms a Recording of a Consumer’s Oral Authorization Can Satisfy Regulation E’s Requirements
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
CFPB Takes Action Against Online Lender for Deceiving Borrowers
On November 18, the Consumer Financial Protection Bureau filed an administrative action against online lender Integrity Advance, LLC, and its CEO, James R. Carnes, for deceiving consumers about the cost of short-term loans.
According to a press release, the CFPB alleges that Integrity Advance violated the Truth in Lending Act and the
ALJ Delivers Blow to FTC’s Authority to Bring Data Breach Actions Under Unfairness Prong
On November 13, 2015, an administrative law judge dismissed the Federal Trade Commission’s action against LabMD, ruling the FTC failed to show that the laboratory’s alleged conduct caused or would cause harm to consumers. The decision represents a significant blow to the FTC and its ability to bring actions under the unfairness prong of Article
Budget Deal Adds Exception to TCPA for Government-Backed Loans
On November 2, President Obama signed a two-year budget deal recently passed by Congress, which generated considerable press because it averted legislative battles over the debt limit and a potential government shutdown, at least until 2017. Much less attention was paid to other provisions within the legislation, which includes a modification of the Telephone Consumer
FTC Announces Panel Topics for Upcoming Debt Collection Dialogue
The Federal Trade Commission has announced the topics of the two panels at its upcoming Debt Collection Dialogue in Atlanta. Sam Olens of the Office of the Georgia Attorney General will co-host the event. Earlier Dialogues were held in Buffalo and Dallas. This is the third and final scheduled Dialogue.
The first panel in Atlanta,
Consumer Litigation Spikes in October, But Debt Collection Complaints to CFPB Plummet
According to the October debt collection litigation and complaint statistics report from WebRecon, consumer litigation in October under the FDCPA, TCPA, and FCRA marked the first time since September 2011 that an increase from both the prior month and year-to-date occurred. “For the first time in several years, overall consumer litigation is up dramatically,”
FCC and FTC Continue Coordinated Efforts Through Memorandum of Understanding
On November 16, the Federal Communications Commission and the Federal Trade Commission released a memorandum of understanding designed to formalize their plans to coordinate consumer protection efforts.
The FCC is charged with regulating all interstate and international communications by radio, television, wire, satellite, and cable, while the FTC is primarily responsible for preventing unfair or