Collection Laws and Regulations News RSS Feed

Debt collectors are regulated by the FTC on the federal level. At the state level, attorneys general are typically responsible for enforcing state and federal laws. A few local governments also separately regulate debt collectors. The laws that govern the ARM industry are civil, meaning that liability is almost always monetary. So a state’s attorney general will not file criminal charges against a debt collector accused of violating the law, rather, he/she will sue for damages. Collection laws include federal and state statutes that govern the proper operation of companies and personnel that work in the debt collection industry. The most comprehensive collection law is the Fair Debt Collection Practices Act (FDCPA). Other federal laws that collectors must follow include the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and the data security requirements of the Gramm–Leach–Bliley Act (GLBA).

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Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

Court Holds Five9’s Popular Cloud-Based Manual Dialing Solution May Still Have “Capacity” to Dial Randomly or Sequentially-and Its Just as Bad as it Sounds

3 September 2019
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Spokeo Has Teeth! 11th Circuit Holds Receipt Of A Single Text Message Does Not Confer TCPA Standing

29 August 2019
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Debt Collection and Modern Communication Channels Discussed in CFPB Credit Card Market Report

28 August 2019
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TCPA Quick Hitter: Court in Arizona Unsurprisingly Follows Marks ATDS Formulation

27 August 2019
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FTC’s Former BCP Director Criticizes NPRM Hyperlinks Proposal as Exposing Consumers to Danger

26 August 2019
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State Attorneys General and Carriers Announce Collaboration to Stem Illegal Robocalls

26 August 2019
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Court Won’t Decertify TCPA Class Because Defendant Did Not Stay Case While Awaiting FCC Protection

22 August 2019
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Court Foils Attempt at Creating an FDCPA Violation by Sending C&D Request to Parent Company

21 August 2019
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Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim

21 August 2019
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9th Cir. Holds No FCRA Violation by CRA When Dispute Did Not Come ‘Directly’ From Consumer

20 August 2019
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SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

20 August 2019
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The Good and the Bad: Bona Fide Error Defense a Hot Issue in Recent Court Decisions

19 August 2019
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Lavallee: Well, Now We Know How NOT to Send a Validation Notice via Email

15 August 2019
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Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

14 August 2019
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Florida District Court Affirms that Contractual TCPA Consent is Irrevocable Under Reyes

13 August 2019
A person holding a mobile phone that appears to have illustrated white charts, graphs, and dollar signs popping out of it [Image by creator ra2 studio from AdobeStock]

7th Circuit's Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?

12 August 2019
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Fifth Circuit District Court: Predictive Dialers are Outside the Scope of the TCPA

8 August 2019
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FCC Adopts Rules to Ban Malicious Spoofing of Texts and International Calls

7 August 2019
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Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

6 August 2019
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Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

5 August 2019

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