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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Roundup of New Pandemic-Related Debt Collection Guidance From the Past Week (WI, IL, WA, OH)

16 April 2020
Image of road sign that says "Massachusetts Welcomes you" [Image by creator spiritofamerica from AdobeStock]

Mass. AG: Stimulus Checks Are Not for Creditors or Debt Collectors

14 April 2020
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Navigating the Crisis: What ARM Agencies Must Do to Stay on Course and Compliant

13 April 2020
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Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

If Consumer Doesn't Dispute, Creditor Can Also Assume Debt is Valid, Says M.D. Florida (Citing 11th Cir. Case that Already Disposed of the Issue)

9 April 2020
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Ugly TCPA Conspiracy Case—Filed by Navient Against a Plaintiff's Attorney—Cleansed a Bit by Dismissing Counterclaims

9 April 2020
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DC Prohibits Outbound Collection Efforts Amid COVID-19

8 April 2020
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Second Circuit Holds TCPA’s ATDS Definition Includes Devices that Can Call from Lists and Not Just Random-Fire Dialers

8 April 2020
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Cordray Weighs In: Recommends Vigorous Oversight of Debt Collectors During and After COVID-19

6 April 2020
Image of road sign that says "Massachusetts Welcomes you" [Image by creator spiritofamerica from AdobeStock]

Massachusetts Releases FAQs About Its COVID-19 Guidance

6 April 2020
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TCPA Repeat Plaintiff Shelton Tries His Hand at FCRA Litigation

6 April 2020
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CFPB Provides Policy Statement: Credit Reporting During COVID-19

2 April 2020
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5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

2 April 2020
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

FCC Approves STIR/SHAKEN Mandate and Seeks Comment on Expansion

2 April 2020
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A New ATDS Pleading Standard? Big Motion to Dismiss May be Harbinger of Things to Come

1 April 2020
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No More Circuit Split: Third Circuit Finds No Written Requirement in 1692g(a)(3), Overturns Graziano

31 March 2020
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Illinois Regulator Issues Guidance to Collectors and Debt Buyers: You're Not "Essential," But Here's What You Can Do

31 March 2020
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North Carolina Dep't. of Insurance: Collectors Must Offer Payment Deferrals to Consumers

30 March 2020
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CFPB's Taskforce on Consumer Financial Law Wants to Hear from Debt Collectors in RFI

30 March 2020
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CFPB Releases 2019 FDCPA Report; Announces Extension Of Comment Period

30 March 2020

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