Washington Federal Court Rejects Hunstein; Holds Article III Standing Exists in FDCPA Letter-Vendor Claim

Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases brought by plaintiffs alleging intangible harms to reputation and privacy interests. Prominent among these post-Ramirez FDCPA cases was Hunstein v. Preferred Collection & Management Services. (11th Cir. 2022), where the plaintiffs alleged a debt collector violated the FDCPA’s prohibition on debt collector communications with third parties, 15 U.S.C. 1692c(b), by disclosing their debts to a third-party letter-vendor who formulated and mailed collection letters.

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Legal Advisory Board Members Discuss Hunstein, the CFPB, and Omnichannel Communication

The ARM industry is complex, and it's often difficult to keep up with industry-shaking cases, emerging technologies, and regulatory entities throwing the occasional wrench into the machinery. Despite the challenge, staying on top of the newest cases, laws, and trends is essential to succeeding in the current debt collection landscape.

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How to Build Trusted Creditor-Collector Relationships (and Better Market Your Agency)

When the CFPB introduced Reg F in late 2020, a lot of attention focused on the change in collector-debtor communication practices. A less discussed, but equally significant change is the increased oversight responsibilities creditors have when outsourcing collections. With the CFPB’s announcement about extending its supervisory authority to non-bank financial institutions, vendor management and auditing is increasingly becoming a priority for originators and lenders. As a result, for collection agencies, robust compliance management and reporting capabilities now represent a competitive advantage when marketing their services to creditors.

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Slovin Supports Dozens of Local Artists With New Office Art

CINCINNATI, OH - Slovin & Associates, a Cincinnati-based law firm that provides clients with the personal, hands-on accessibility of a small law firm combined with the deep experience of industry veterans, is proud to support dozens of local artists through its new office.

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Colorado Establishes Medical Debt Collection Requirements

On May 4, the Colorado governor signed SB 23-093 to cap the interest rate on medical debt at three percent per year. The Act outlines numerous provisions, including that entities collecting on a medical debt must provide a consumer with a written copy of a payment plan within seven days for medical debt that is payable in four or more installments.

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Maryland Eliminates Separate Licensing Requirement for Branches

On May 8, the Maryland governor signed HB 686 to eliminate a requirement that collection agencies and certain non-depository financial institutions must maintain separate licenses for branch locations. The Act now allows such entities to conduct business at multiple licensed locations under a single license.

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How the Call Center Has to Evolve

21 June 2023 at 02:00 p.m.

Regulation F drove collections companies to integrate text messages and emails into their collections strategies. But even with the addition of those outbound strategies, there will always be consumers who prefer using telephone calls to communicate about their debt, and the collections call center has had to adjust to become more efficient in collecting via telephone.

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