Text Messages Are Still Not Voices

Good news! At least as of now…

So back in 2021, Jay Edelman was granted leave of court to file a complaint alleging an extremely dangerous argument that text message “chatbot” constitutes a prerecorded voice. Risher v. Adecco, No. 19-CV-05602-RS, 2021 WL 9182421 (N.D. Cal. Sept. 17, 2021).

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Sold Out Women in Consumer Finance Conference Kicks Off Today

PALM SPRINGS, Calif. -- The fifth annual Women in Consumer Finance (WCF) conference is officially underway. The event sold out a month in advance with over 400 women from across financial services signing up for the three-day experience. It is the largest attendance the conference has drawn to date. Attendees will participate in unique networking opportunities, build authentic connections, and develop business and leadership skills while in Palm Springs.

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FCC Rules Ringless Voicemails Require Consent

On November 21, 2022, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a “call” made using an artificial or prerecorded voice and is subject to the provisions of the Telephone Consumer Protection Act (TCPA). “Ringless voicemails” are messages sent directly to voicemail inboxes without first triggering a call ringtone. The FCC found the calls should be regulated under the artificial or prerecorded voice prong of the statute, mooting any inquiry as to whether the “ringless voicemails” are sent with an automatic telephone dialing system.

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CRC to FTC: Focus on Existing Laws not Creating Overlapping Regs

Earlier this year, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking to crack down on harmful commercial surveillance and lax data security. The proposed rule included a broad definition of “commercial surveillance," which, if left unchanged, would prevent debt collection industry participants from providing consumers with the information they request and require to engage in financial transactions. On November 21, 2022, the Consumer Relations Consortium (CRC) submitted comments to the FTC explaining that other laws and regulations cover these objectives for the financial services industry.

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New Litigation Challenges CFPB’s Subpoena Authority Based on Fifth Circuit Decision Holding CFPB’s Funding Mechanism is Unconstitutional

As the industry continues to digest the Fifth Circuit’s opinion in Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau, which held the Bureau’s funding mechanism to be unconstitutional, new litigation illustrates the challenges that the decision creates to the CFPB’s ability to conduct oversight and enforcement.

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Tom Haag's Legacy

It is with great sadness that the Haag Family and State Collection Service share the loss of Thomas D. Haag, Chairman and CEO. He passed away in perfect peace at home on Wednesday, November 23, surrounded by his family.

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