Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA or FCRA

Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of consumer medical debt. In doing so, the court found the bill neither ran afoul of the First Amendment, nor was preempted by the federal Fair Debt Collection Practices Act (FDCPA) or Fair Credit Reporting Act (FCRA). Read on for further analysis.

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CFPB to Host Hearing on Medical Billing and Collections

The CFPB announced that on July 11, 2023 at 10 a.m. EST it will host a hearing on medical billing and collections, with a focus on medical payment products, such as medical credit cards and installment loans.  In addition to Director Chopra, the hearing will include agency officials from the White House, the U.S. Department of Health and Human Services, and the U.S. Department of the Treasury.

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Nevada Expands Collection Agency Licensing Requirements

On June 16, the Nevada governor signed SB 276 (the “Act”) to revise certain provisions relating to debt collection agencies and make amendments to the state’s collection agency licensing law. While existing law requires collection agencies to be licensed, the amendments expand the type of activities that trigger collection agency licensure.

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Texas Enacts Data Privacy and Security Act with Small Business Exception

Texas Gov. Greg Abbott on June 18 signed into law House Bill 4, the Texas Data Privacy and Security Act.  This makes Texas the 10th state to enact a comprehensive consumer data privacy law, following California, Virginia, Colorado, Utah, Connecticut,  Iowa, Indiana, Tennessee, and Montana.

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14 Calls in 22 Days is Reasonable, Says Court

Collecting debt can sometimes feel like a delicate balancing act; debt collectors must navigate challenging situations with precision and care. Getting a consumer on the phone to discuss their account can be difficult, especially considering the concern of potential Fair Debt Collection Practices Act (FDCPA) violations for calling too often. While that is true to an extent, a recent North Carolina case highlights that reasonable calling is still permitted despite general inconvenience or annoyance to the consumer.

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Land O’ Lakes Director and Former NACARA President Named to Independent Standards Board

Chicago, Ill. -- Commercial Collection Agencies of America is proud to announce the appointments of Mike Thelen and Will Lund to the Independent Standards Board effective immediately.

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Women in Consumer Finance 2023

11 December 2023 at 08:00 a.m.

Become a part of the industry's most dynamic and influential annual meet-up, where attendees build real friendships and re-energize careers, when you attend Women in Consumer Finance 2023, December 11-13, 2023 in Palm Springs, CA. 

Register Now!

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