Daily Digest – March 23. Battle Brewing Over Fate of Collection Industry; CFPB Extends Comment Period

BATTLE BREWING OVER THE FATE OF THE DEBT COLLECTION INDUSTRY DURING CORONAVIRUS RESPONSE

  • For lack of a better word, there is a battle brewing over the fate of the debt collection industry in the midst of the country’s response to the coronavirus pandemic. On one side, the industry is fighting to keep collection agencies open and people employed. On the other, lawmakers, regulators and consumer advocates who want collection activity shut down so people do not have to worry about paying debts during a crisis.

JUDGE DENIES CLASS CERTIFICATION OVER PLAINTIFF’S ADEQUACY ISSUES

  • A District Court judge in New York has granted a defendant’s motion to deny class certification in a Fair Debt Collection Practices Act case after questioning the plaintiff’s attorney’s pattern of abandoning cases and just how involved the named plaintiff was in the suit in the first place.

CFPB EXTENDS COMMENT PERIOD ON PROPOSED TIME-BARRED DISCLOSURE RULE

  • On Friday, the Consumer Financial Protection Bureau announced that it was extending the comment period on its Supplemental Notice of Proposed Rulemaking related to time-barred debt disclosures for an additional 30 days.

CFPB RELEASES ANNUAL FDCPA REPORT

  • The Consumer Financial Protection Bureau on Friday released its annual report on its administration of the Fair Debt Collection Practices Act, summarizing its enforcement activities, complaints filed by consumers, its proposed debt collection rule, and what it has done to educate consumers about debt collection.

FIFTH CIRCUIT GRANTS EN BANC REQUEST IN CFPB LEADERSHIP CASE

  • Not content to let the Supreme Court decide whether the leadership structure of the Consumer Financial Protection Bureau is constitutional, the Fifth Circuit Court of Appeals has granted a request from the defendant in a case to have an en banc hearing about the issue.

COMPLIANCE DIGEST – EXPERT ANALYSIS ON RECENT CASES

  • Click here to read this week’s Compliance Digest. You’ll get insights and opinions from nine different compliance experts — Carlos Ortiz, Ethan Ostroff, Lauren Valenzuela, Dennis Barton, Laurie Nelson, Mitch Williamson, Lauren Burnette, Michael Klutho, and Alexander Green — discussing the impact of recent court cases and legislative updates. You’re not going to get that kind of varied perspective anywhere else. The Compliance Digest is sponsored by The Bedard Law Group.

WORTH NOTING: Hospitals are preparing for guidelines about who gets care as the number of coronavirus cases surges higher … How to stop snacking because you’re spending too much time indoors … A question my wife asked me yesterday — will coronavirus ever go away? … The sad situation about how to have funerals during the pandemic … Dealing with the deluge of emails from companies providing updates … How to make yourself look better during video conferences … How to fix your Internet connection if you’re having problems while working from home … I have one big reason not to watch the Olympics this summer, if they happen … How you going outside can infect 59,000 people.

Questions about social distancing

Music Monday

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JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA DISPUTE CASE THANKS TO BFE DEFENSE A District …

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