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Last month, the Department of Financial Protection and Innovation (DFPI) published proposed regulations under the Debt Collection Licensing Act (DCLA). The regulations largely address procedural matters related to obtaining a license. However, the DFPI’s proposed regulations also appear to implicitly address the scope of the license requirement, potentially expanding the category of licensees beyond what the statutory text contemplates.
The DCLA requires all persons who
engage in the business of debt collection in California to be licensed. Cal. Fin. Code § 100001(a) (emphasis added). The proposed regulations, however, appear to contemplate that any debt collector must be licensed.
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
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Every so often, the extent of state laws providing for the licensing of collection agencies needs to be re-examined. As every state, including two of the most prominent states, California and New York, historically had not licensed collection agencies,
1 the state licensing of collection agencies has not been given as much attention as has been given to the state licensing of other consumer finance activities. This changed in September 2020, when the California legislature, shortly before adjournment, enacted Senate Bill 908 to license debt collectors under a new law called the Debt Collection Licensing Act (the “DCLA”).