Category Archives: Fair Debt Collection Practices Act (FDCPA)

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CFPB Releases Advanced Notice of Proposed Rulemaking on Debt Collection Practices

On Wednesday November 6, the CFPB released an Advanced Notice of Proposed Rulemaking (ANPR) seeking comment on debt collection practices and noting that the Bureau is considering proposing rules regarding debt collection. The CFPB simultaneously announced that it was adding approximately 5,000 consumer debt collection complaints to its public Consumer Complaint Database. According to the … Continue Reading

Industry Stakeholders, Government Officials and Consumer Advocates Discuss Data Use in Debt Collection at CFPB-FTC Roundtable

As initially reported, the CFPB and FTC held a public roundtable last week that brought together industry stakeholders, government officials and consumer advocates to discuss the use of consumer data throughout the debt collection process. Participants acknowledged that the transfer and sale of debt presents unique obstacles for the use of consumer data across the … Continue Reading

FTC and CFPB Announce Public Roundtable on Data Integrity in Debt Collection

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) will co-host a roundtable on June 6, 2013 to examine how consumer data is used and maintained in the debt collection process, according to an FTC news release issued yesterday. The roundtable will include a discussion of such topics as: • the amount … Continue Reading

CFPB to Begin Accepting Consumer Complaints Regarding the Debt Collection Industry in 2013

The Consumer Financial Protection Bureau (CFPB) plans to begin accepting consumer complaints regarding the debt collection industry in the second quarter of this year, according to a report issued yesterday by Bloomberg News. The CFPB presently accepts complaints regarding a limited number of CFPB-regulated products and services, including bank accounts, credit cards, credit reporting, money … Continue Reading

CFPB and FTC Issue Annual Reports on the Fair Debt Collection Practices Act

The FTC and CFPB have issued reports on their FDCPA enforcement actions and other FDCPA related activities in 2011. The FTC previously had responsibility for issuing annual reports on FDCPA enforcement but the Dodd-Frank Wall Street Reform and Consumer Protection Act transferred reporting responsibility to the CFPB. The CFPB, however, has only just begun its … Continue Reading

FTC Releases Final Statement of Policy Regarding Communications in Connection with the Collection of Decedents’ Debts

The FTC’s final Statement of Policy Regarding Communications in Connection with the Collection of Decedents’ Debts was published on July 27, 2011 in the Federal Register. The policy statement clarifies that the agency will not take enforcement action under the Fair Debt Collection Practices Act (FDCPA) or the FTC Act against a debt collector for … Continue Reading

FTC Seeking Public Comment on Collection of Decedents’ Debts

The FTC released a proposed policy statement with a call for public comments on October 4, 2010. The policy statement clarifies when the FTC will take action under the Fair Debt Collection Practices Act (FDCPA) and the FTC Act against companies collecting the debts of deceased consumers. In general, the FDCPA permits collectors to contact … Continue Reading

SCOTUS Holds Mistake of Law No Defense to FDCPA Liability

Yesterday, the Supreme Court issued a decision in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (“Jerman”) (Docket 08-1200) that resolves a circuit split regarding the scope of the Fair Debt Collection Practices Act’s bona fide error defense and disposes of a key defense to FDCPA liability for debt collector defendants. The FDCPA’s “bona … Continue Reading
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