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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Court Awards Attorney Fees to Debt Collector, Finds Plaintiff Filed FDCPA Case in Bad Faith
4 September 2019
7th Cir. Holds No FDCPA Claim Where Consumer Failed to Prove Credit Card Transactions Were for ‘Consumer’ Purposes
4 September 2019
Plaintiff Acted in Bad Faith by Not Disclosing All FDCPA Claims to Bankruptcy Court, Says D.N.J.
3 September 2019
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
Spokeo Has Teeth! 11th Circuit Holds Receipt Of A Single Text Message Does Not Confer TCPA Standing
29 August 2019
Debt Collection and Modern Communication Channels Discussed in CFPB Credit Card Market Report
28 August 2019
TCPA Quick Hitter: Court in Arizona Unsurprisingly Follows Marks ATDS Formulation
27 August 2019
FTC’s Former BCP Director Criticizes NPRM Hyperlinks Proposal as Exposing Consumers to Danger
26 August 2019
State Attorneys General and Carriers Announce Collaboration to Stem Illegal Robocalls
26 August 2019
Court Won’t Decertify TCPA Class Because Defendant Did Not Stay Case While Awaiting FCC Protection
22 August 2019
Court Foils Attempt at Creating an FDCPA Violation by Sending C&D Request to Parent Company
21 August 2019
Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim
21 August 2019
9th Cir. Holds No FCRA Violation by CRA When Dispute Did Not Come ‘Directly’ From Consumer
20 August 2019
SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case
20 August 2019
The Good and the Bad: Bona Fide Error Defense a Hot Issue in Recent Court Decisions
19 August 2019
Lavallee: Well, Now We Know How NOT to Send a Validation Notice via Email
15 August 2019
Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community
14 August 2019
Florida District Court Affirms that Contractual TCPA Consent is Irrevocable Under Reyes
13 August 2019
7th Circuit's Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?
12 August 2019
Fifth Circuit District Court: Predictive Dialers are Outside the Scope of the TCPA
8 August 2019