Collection Laws and Regulations News

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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11 September 2018

BCFP’s Supervisory Highlights About Verification of Debt Potentially Conflict with 7th Cir. Guidance and Raise Questions of Practicality

7 September 2018

E.D. Pa.: Proper Forum for Collection Lawsuit is Where Plaintiff Resides or Signs Contract Despite Contract's Language

5 September 2018

Two New Decisions Allow Consumers to Unilaterally Revoke Written TCPA Consent But for Vastly Different Reasons

4 September 2018

Summons Not a Communication, Answer Deadline Does Not Overshadow Validation Rights According to Nevada Federal Court

30 August 2018

8th Circuit: Notice of Garnishment, Consumer-Initiated Inquiry After Cease Communication Request Not FDCPA Violation

29 August 2018

Central District of Cal. Court Says ACA Int'l Set Aside Definition of ATDS

29 August 2018

7th Circuit: Service on Consumer not FDCPA Violation if No Entry of Appearance by Consumer’s Attorney

28 August 2018

New Federal Court of Appeals Rulings Favor Debt Collectors (podcast)

23 August 2018

9th Circuit: Plaintiff Bears Burden of Proof Regarding Defendant’s Net Worth for Class Action Damages

22 August 2018

Cell Phone’s Visible Transposition of Voice Message to Text is Not Third Party Disclosure According to District of New Jersey

21 August 2018

7th Cir.: Settlement of Claim with Creditor May Mean Dismissal of Claim Against Collector

20 August 2018

NY Fed Report Shows Sharp Decline in Collection Accounts on Credit Reports due to NCAP, but Expects Increase in Future

15 August 2018

Another Court Agrees with Second Circuit- No Unilateral Revocation of TCPA Consent

14 August 2018

CAC Educational Series: Establishing Call Recording Consent (sponsored)

13 August 2018

CFDCPA Meeting with Interim Administrator: Licensing, Complaints, and Communication

8 August 2018

N.D. Ill.: Claim Splitting Barred by FDCPA Even if Same Claim Occurred on to Two Separate, Unique Accounts

8 August 2018

Consumer Group Poll Shows Voters Disfavor Current Direction of BCFP but Support its Overall Mission

7 August 2018

2nd Circuit: Debtor’s Failure to Exercise 1692g Rights Does Not Preclude FDCPA Claim

6 August 2018

Republican Senators Submit Letter to FCC Chairman Requesting Quick Clarification of TCPA

2 August 2018

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