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Read More »Judge Grants MSJ on 9 of 10 Counts For Servicer Sued by CFPB For Violating FDCPA
A District Court judge in Florida has granted summary judgment on nine of 10 counts in favor of a mortgage servicer accused of violating the Fair Debt Collection Practices Act, among other laws, by the Consumer Financial Protection Bureau back in April 2017, ruling that many of the claims brought …
Read More »Bill Introduced in Congress to Amend FDCPA to Protect Servicemembers
A bill that passed unanimously in the House of Representatives last session has been reintroduced seeking to amend the Fair Debt Collection Practices Act to provide additional protections for servicemembers. The bill, H.R. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced last week by Rep. Madeleine Dean …
Read More »Judge Grants Motion to Remand FDCPA Case Back to State Court
This is one of those “I’m not an attorney, but it seems like an interesting case because I think it speaks to something that a panelist said on one of my webinars would start happening” cases. A District Court judge in Wisconsin has granted a plaintiff’s motion to remand a …
Read More »Bill Introduced in Senate to Double Anti-Spoofing Fines
A bipartisan bill has been introduced in the Senate that would double the penalties for individuals or entities that spoof Caller ID numbers as a means of combatting illegal robocalls. S.594, the Anti-Spoofing Penalties Modernization Act is sponsored by Sen. Susan Collins [R-Maine], and co-sponsored by Sen. Krysten Sinema [D-Ariz.], …
Read More »FDCPA Class-Action Filed Against Debt Buyer, Collector
A class-action lawsuit has been filed in federal court in New Jersey, alleging that a debt buyer and the collector it hired allegedly violated the Fair Debt Collection Practices Act because it sent a collection letter to an individual without the debt buyer having a proper license to operate in …
Read More »Online Lender Discloses CFPB Investigation Into Collection Practices
Opportun Inc., a unit of Opportun Financial Corp., a consumer finance lender that caters to Latino immigrants, disclosed yesterday that its lending and debt collection practices are being investigated by the Consumer Financial Protection Bureau as part of an apparent wider investigation into whether small dollar lenders have violated federal …
Read More »Judge Grants MSJ For Defendant in FDCPA Case About Pre-Confirmation ID
It’s the collection industry’s version of the chicken-and-the-egg. A consumer refuses to confirm his or her identity because the collector will not go into detail about a collection call, but the collector can not go into detail until the consumer’s identity is verified. Collectors have to stick to their guns …
Read More »Defective Summons in Collection Lawsuit Equates to FDCPA Violation, Judge Rules
A District Court judge in Minnesota has granted a motion for partial summary judgment filed by a trio of plaintiffs in related cases and denied the defendants’ motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it allegedly violated civil procedure laws …
Read More »CFPB Issues NPRM to Delay Compliance With QM Rule; Sues Payment Processor
The Consumer Financial Protection Bureau yesterday made a pair of announcements — delaying the enactment date of a rule that was set to go into effect July 1 and filing a lawsuit against a payment processor and its former chief executive for aiding clients that were taking advantage of individuals …
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