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The CFPB Should Not Single-Out Collectors for Non-English Disclosure Requirements

Communicating with consumers is the lifeblood of debt collection; if collectors cannot communicate, they cannot collect on debts from consumers. As America becomes more diverse, more consumers will have limited English proficiency (“LEP”). Many collectors have recognized this means they must adapt and find ways to communicate with LEP consumers in languages other than English, usually in Spanish.  Many collectors have done so and communicate with consumers in Spanish and (less often) in other non-English languages.

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Mo. Federal Judge Rules Hospital Not Liable for Potential TCPA Claims Based on Acts of Third Party Agency

On December 5, 2016 a federal judge in Missouri ruled that under common law Agency Principals a hospital could not be found vicariously liable for potential Telephone Consumer Protection Act (TCPA) violations of a third party collection agency.  The case is Petri v. Mercy Health d/b/a Mercy Hospital St. Louis, Case No. 15-1296, E.D. Missouri).

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