Sixth Circuit Affirms Summary Judgment Finding Defendant Not a “Debt Collector” Under the FDCPA Where Account Was Not in Default When Transferred

As discussed here, in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO). On March 24, 2023, the Sixth Circuit affirmed that decision.

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CRC to DFPI: Drop Personal Liability From Proposal

The Consumer Relations Consortium (CRC) has asked the California Department of Financial Protection and Innovation (DFPI) to remove language from the most recent iteration of its complaints and inquiries regulation to avoid creating personal liability for employees of covered entities. The CRC also suggested that to better serve consumers, the DFPI should allow electronic disclosures without an opt-in.

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Lowering the Bar: CFPB Unveils Its Playbook on Combatting “Abusiveness”

On April 3, 2023, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published a broad and wide-ranging Policy Statement on Abusiveness  (“Policy Statement”) meant to assist “government enforcers” in identifying and alleging abusive conduct in the marketplace under the Consumer Financial Protection Act of 2010 (CFPA), specifically 12 U.S.C. 5531(d). In doing so, the Bureau foreshadows a policy shift on the Unfair, Deceptive, or Abusive Acts and Practices (UDAAP) front, likely migrating away from the hallmark “Unfairness” and “Deception” elements of this principle in favor of a more nuanced prong titled “Abusiveness,” which will be easier to trigger.

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New Trends in How the CFPB Gathers Information [Podcast]

Please join Troutman Pepper Partner Chris Willis for a solo episode as he discusses new trends in CFPB information gathering, specifically Dodd-Frank Act Section 1022 found in the rulemaking and market monitoring section of the CFPB’s authority. Here, Chris examines how the CFPB can request and require certain information from market participants, noting the significant increase in recent CFPB Section 1022 requests, while also discussing industry implications of this emerging trend.

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Vertican Technologies Acquires Interest in Greentree Legal Offering Its Clients Process and Serving and Litigation Support Services

FAIRFIELD, N.J. -- Vertican Technologies, a global leader in the legal collection software industry, is proud to announce it has invested in Greentree Legal (GTL) in another milestone of Vertican’s plan to provide the collection industry with the tools it needs to become more efficient, compliant, and profitable. GTL’s core focus offers clients seamless management of process service, courier and skip trace services nationwide, and is led by founder and CEO Paula Ashcraft.

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Fee Shifting Bill Introduced in Maine

Democrats in the Maine House of Representatives have introduced House Bill number 1259 (Bill) to shift attorneys' fees to the prevailing party in litigation. If passed into law, the Bill will impact those who file lawsuits to recover debts. A hearing about the bill will be held in Maine on April 6, 2023, at 1 pm.

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Best Practices for a Strong Debt Sale Strategy

18 May 2023 at 02:00 p.m.

Selling part of your past-due portfolio can be an easy way to increase revenue, especially when originations are down. But it’s not always cut and dry. How do you know your debt sale partner has a spotless reputation? When is the best time to sell? What can you do to increase your portfolio’s value?

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