CFPB Issues Guidelines on Serving Limited English Proficiency (LEP) Consumers

Yesterday, the Consumer Financial Protection Bureau (CFPB) issued a statement that provides financial services institutions with guidance on how to better serve consumers that have limited English proficiency (LEP). If this feels like déjà vu, it's likely because it sounds very similar to the LEP rule for debt collectors promulgated by New York City's regulator last year in the midst of the COVID-19 pandemic. While the policy behind each — the CFPB's statement and the NYC LEP rule — are similar, there are some differences, the biggest of which is that the CFPB statement contains guidelines, not rules. Read on to learn more.

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The Tides are Turning: Recent Trends in FDCPA Standing

After the U.S. Supreme Court decided Spokeo in 2016, there was an unfulfilled moment of hope. Defendants in Fair Debt Collection Practices Act (FDCPA) cases would file motions to dismiss based on lack of standing only for the courts to repeatedly deny those motions. Spokeo required that plaintiffs prove their injury is concrete and particularized, but courts followed a pattern of finding that statutory damages — such as the ones permitted through the FDCPA — were concrete enough. It took a few years, but the winds are now blowing in the other direction and a new trend is emerging: a no harm, no foul approach to FDCPA standing.

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The Battle is Over: ACA International v. Mass. AG COVID-19 Collection Call Ban Lawsuit Dismissed

When the COVID-19 pandemic started, many regulators — both state and federal — enacted measures to help consumers who were impacted by the sudden shift in their financial outlook. Massachusetts' Attorney General Maura Healey took what many consider an overzealous approach by prohibiting outbound collection calls during the pendency of the pandemic. In response, ACA International filed a lawsuit and sought an injunction against this order. Early on in the case, the judge granted ACA's request for a preliminary injunction to bar the AG's office from enforcing the emergency order while the full case on the merits is heard. The court based its decision on the grounds that the emergency order violates the First Amendment. The case that started with a bang has now gone quietly into the night, as a very brief court filing from today indicates that the parties have settled and the case is now dismissed.

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2020 In Review: Federal and State Activity in Consumer Debt Collection Regulation

During what was an extraordinary and difficult year, there was an abundance of activity at the state and federal levels and a good deal of it was driven by the present COVID-19 pandemic. Here is my take on some of the most significant regulatory activities from the past year in consumer debt collection that will continue to impact both consumers and creditors in the years to come.

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Attunely Earns Recognition on Built In’s Best Places to Work, Best Small Places to Work, and Best Paying Companies in Seattle

SEATTLE, Wash. -- Built In today announced that Attunely Inc. was honored in its 2021 “Best Places To Work” Awards. Specifically, Attunely earned a recognition for Best Places to Work (#40 of 100), Best Small Places to Work (#7 of 50), and Best Paying Companies (#29 of 50) in Seattle. The annual awards include companies of all sizes, from startups to the enterprise, nationally and in the eight largest tech markets.

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Remitter USA Inc. Appoints Dave Snow As Its Executive Vice President of Sales As It Embarks On Its Next Chapter.

SAN FRANCISCO, Calif. -- Industry leader in AI-powered digital communication payment recovery solutions, Remitter USA Inc, has today announced that Dave Snow will be joining their dynamic executive leadership team as Vice President of Sales. He joins Remitter with more than 10 years of experience across the consumer finance and accounts receivable industries, having served in senior sales, business development and leadership roles at Spruce Finance, Counterpointe SRE and TrueAccord. 

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