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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N.D. Illinois: “Competent Attorney” Standard Applies to Letter Sent to Consumer’s Attorney Even if Debt Discharged in Bankruptcy
22 October 2018
Debt Collector Requirement to Authenticate Consumer Comes to a Head
18 October 2018
BCFP: Fix the Authentication Dance Between Consumers and Collectors
18 October 2018
Mulvaney: BCFP Intends to Define "Abusive" of UDAAP
16 October 2018
E.D. Wisconsin: FDCPA Does Not Require Specific Labels for Creditor, Identifying Both Comenity and PayPal is Not Misleading
16 October 2018
Debt Collection Drill: Federal Courts Hold that Standard Validation Notice Violates the FDCPA. Now What?
15 October 2018
N.D. Illinois Reviews Bona Fide Error Defense Where Debt Collector Serves Wrong Party with Same Name as Consumer
10 October 2018
BCFP Enters Consent Order with Bluestem for Delayed Forwarding of Direct Payments on Sold Accounts
9 October 2018
M.D. Fla. Clarifies that TCPA Still Applies to Debt Collection Calls
9 October 2018
Kavanaugh Sworn in as U.S. Supreme Court Justice, May Impact ARM-Related Cases
8 October 2018
Third Judge in D.N.J. Rules Language Inviting Calls with Questions in Validation Letter Does Not Mislead Consumers About Writing Requirement for Disputes
4 October 2018
Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry
2 October 2018
E.D.N.Y. Sanctions Plaintiff and His Counsel for Failing To Voluntarily Dismiss or Amend Complaint Not Supported by Available Evidence
1 October 2018
N.D. Illinois: Debt Buyer Cannot Collect Interest if Implicitly Waived by Original Creditor’s Actions; Finds Debt Buyer is Subject to FDCPA
27 September 2018
Nevada Court Finds No Cognizable Injury-in-Fact in Avila Interest Disclosure Claim
25 September 2018
M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor
24 September 2018
Ninth Circuit Takes Extreme Position, Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA
21 September 2018
Is It “Debt Collection” If You Never Asked For Money? U.S. Supreme Court to Review in October 2018 Term
20 September 2018
Chairman Pai Responds to Republican House Representatives on TCPA, Agrees Clarity Needed
20 September 2018
A Compliant Text Message Service Begins with the Consent – And Ends with Big Results
19 September 2018