It’s been 46 years since “debt collector” was defined in the federal Fair Debt Collection Practices FDCPA (FDCPA) so why do courts still disagree with its meaning? One reason may be that the FDCPA was enacted prior to the maturation of the consumer debt buyer industry, leaving the FDCPA’s legislative history void of any discussion regarding whether a buyer of consumer debt is a ‘debt collector.’ Courts have been filling in the gap; however, the lack of consistency in their decisions continues to burden litigants and the court system.
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SARASOTA, Fla. -- Beam Software, a thought leader and problem solver in the debt purchasing and collection software markets, has addressed the Great Resignation and the return-to-work issue for its collection agency customers by partnering with Resolv Global, an international Call Center as a Service (CCaaS) solution provider.
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On May 8, petitioner CFPB filed its brief with the U.S. Supreme Court, criticizing the U.S. Court of Appeals for the Fifth Circuit’s decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau, where the appellate court found that the Bureau’s “perpetual self-directed, double-insulated funding structure” violated the Constitution’s Appropriations Clause (covered by InfoBytes here and a firm article here). The 5th Circuit’s decision also vacated the agency’s Payday Lending Rule on the premise that it was promulgated at a time when the Bureau was receiving unconstitutional funding.
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