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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory announcements, recap key enforcement actions, and preview upcoming deadlines and events. We also include links to our articles, blogs, and webinars with more analysis in these areas. We understand that keeping on top of the rapidly evolving regulatory landscape is more important than ever for businesses seeking to offer new and ground-breaking technologies.
Regulatory Announcements
Southern District of California Says Unanswered Calls are Not a Communication Published on: 19 May 2021 at 11:00 a.m. ET May 19, 2021, 11 a.m. May 19, 2021, 10:28 a.m. insideARM.com The iA Institute
http://www.insidearm.com/news/00047377-southern-district-california-says-unanswe/
On May 10, 2021, not only did the District Court in the Southern District of California grant summary judgment in favor of the defendant debt collector, it did so on its own motion. Yes- you read that right- the court entered a judgment in favor of the debt collector where the debt collector had not even asked for it to do so.
In the case of
Pearson v. Apria HealthCare Group, Et al. (3:19-cv-02400 S.D. CA), a consumer alleged the defendant debt collector violated the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA). According to the undisputed facts, the entirety of the case centered around three calls that
The American Recovery Association (ARA) recently announced the new theme for the North American Repossessors Summit (NARS), which will return as an in-person event in October.
[author: Jordan O Donnell]
Last week, the U.S. House of Representatives passed a bill, H.R. 2547, on a strict party-line vote. Titled The Comprehensive Debt Collection Improvement Act, the bill would amend several consumer finance statutes for the first time in decades and impose new requirements and limitations on debt collectors, among others. Its fate now rests in the U.S. Senate.
The bill includes amendments to multiple existing debt collection statutes, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act, Truth in Lending Act, and Consumer Financial Protection Act. Notably, the bill would:
Limit email, text message, and other electronic communications by debt collectors
Letter Vendor Coalition Develops FAQ s for Hunstein Questions Published on: 17 May 2021 at 09:00 a.m. ET May 17, 2021, 9 a.m. May 17, 2021, 12:10 p.m. insideARM.com The iA Institute
LITTLE CANADA, Minn. Since the April 21
Hunstein v. Preferred Collection & Mgmt. Servs. ruling, the Print & Mail Coalition (the “Coalition”) has received questions from many of its clients across the accounts receivable management (ARM) industry. Below are responses to some of the most frequently asked questions. The responses should not be taken as legal advice.
How is the Print & Mail Coalition supporting me?
As critical suppliers to the industry, the Coalition is coming together as a powerful, united voice to identify of the impact the ruling. We will then file an amicus brief to ensure the Coalition’s perspective and legal arguments support the ARM industry. Additionally, the Coalition is staying in close contact with the industry associatio