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Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.

Can a bank be sued for acting as a “debt collector” under the California Rosenthal Act?  You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include an entity that is collecting on behalf of itself or on behalf of third parties.  But a closer look at the activities performed by employees of the bank in question may reveal that it is not, in fact, collecting on its own behalf. Instead, all collection activities may be handled through separate, though related, servicing companies, or by third parties. A consumer may have no basis for suing the bank under the Rosenthal Act, and elimination of the bank from the action could significantly reduce the available damages and decrease business interruption for bank officers. 

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How You Can Increase Payments through Digital Outreach

Intelligent and personalized digital contact strategies can dramatically lower your costs and your defaults. Plus, they can improve cure rates with a near immediate ROI. Find out how in “Collect More, Spend Less: An ROI Guide to Collecting through Digital Channels,” a new, free whitepaper and case study from Nuance. Download now.



Expert Says Practice of Law Exemption is Essential to Fix FDCPA

On September 7 the House Subcommittee on Financial Institutions and Consumer Credit held a hearing entitled “Legislative Proposals for a More Efficient Federal Financial Regulatory Regime.” One of the bills addressed was H.R. 1849, the Practice of Law Technical Clarification Act of 2017.

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A Candid Conversation about Compliance - Washington, DC

10 October 2017 at 10:00 a.m.

Join the Compliance Professionals Forum for an in-person free meeting* where compliance professionals of all levels share their perspectives, accomplishments, and challenges. Problem-solve with local compliance professionals and walk away with strategies that you can implement right away. 

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