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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Key Ruling in Multi-Account Debt Collection TCPA Case—Revocation on One Account Does Not Revoke Consent for Calls on Another Account
30 October 2019
"Balance Due As Of" Does Not Imply Balance Will Increase, According to E.D. Pa.
29 October 2019
Court Credits Expert Finding that 75% of Cell Phone Numbers Are On Shared Plans; Rejects Certification of TCPA Wrong Number Class For Inability to Identify Harmed Class Members
29 October 2019
How to Use Email and Text for Collections Without Getting Burned (Part 2)
28 October 2019
After Oral Argument, U.S. Supreme Court Seems Poised to Preserve FDCPA SOL Status Quo
24 October 2019
Another California Court Follows Marks Because, Well, It has To
24 October 2019
Big Evidentiary Win in TCPA Suit—Evidence of Defendant’s Prior Lawsuits, Settlements, and Communications With Third Parties Inadmissible in Individual TCPA Suit for Damages
23 October 2019
How to Use Email and Text for Collections Without Getting Burned (Part 1)
22 October 2019
7th Cir. Holds Creditor Liable for Its Counsel’s Bankruptcy Discharge Violation
22 October 2019
District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action
22 October 2019
TCPA in Review: Updated ATDS Scorecard Shows Marks Approach is Losing Ground—But “Capacity” And “System” Vagueness Remains
21 October 2019
CFPB’s Proposed Debt Collection Rule: Perspectives from the Comment Period
17 October 2019
Whatever Happened to that Big Ringless Voicemail Decision We Were All Expecting? The Court Punted—For Now
16 October 2019
Argument Day is Here: U.S. Supreme Court Reviews Whether Discovery Rule Applies to FDCPA Claims
16 October 2019
Third Circuit will Review Written Dispute Requirement Issue En Banc
15 October 2019
Calif. AG’s Proposed CCPA Regulations are Here, Along with Public Hearings and a Comment Period
14 October 2019
First Court in Ninth Circuit Footprint Finds LiveVox HCI Does Not meet Marks ATDS Definition
14 October 2019
Court Holds TCPA Is Not Void For Vagueness For Reasons That Are Not Entirely Clear
9 October 2019
Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People
8 October 2019
11th Cir. Holds Lender’s Forum Selection and Class Action Waiver Clauses Unenforceable
7 October 2019