Compliance

The Department of Health and Human Services’s Office of Civil Rights (OCR) has levied a $25,000 fine against a healthcare provider to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) for “widespread compliance issues” that were uncovered after a data breach occurred. A copy of the …

A District Court judge in North Carolina has denied a defendant’s motion to dismiss after it was accused of violating the Telephone Consumer Protection Act by using an automated telephone dialing system to contact an individual without first receiving his consent, adopting a definition of an ATDS that is in …

It turns out there are some things that everyone in the Senate can agree on, and it actually pertains to the debt collection industry. The Senate yesterday unanimously passed S. 3841, a bill that protects the stimulus funds under the Coronavirus Aid, Relief, and Economic Security Act from being garnished …

The Court of Appeals for the Eleventh Circuit has upheld a lower court’s decision in a Fair Debt Collection Practices Act case after filing proof-of-claim notices on time-barred debts during bankruptcy proceedings. A copy of the ruling in the case of Somohano v. PRA Receivables Management LLC, Cavalry SPV I, …

The Consumer Financial Protection Bureau has announced that it will be holding a virtual meeting next week on the topic of using cost-benefit analysis in consumer protection regulation. Two panels of experts, including academics, consumer advocates, and a representative from the financial services industry will gather to discuss cost-benefit analysis …

In a case that was first reported by Eric Troutman at TCPAWorld.com, a District Court judge in Illinois has granted a collection agency’s motion to dismiss after it was sued for violating the Telephone Consumer Protection Act, ruling that there is “no plausible explanation” why a debt collector would use …

The Court of Appeals for the Ninth Circuit has upheld a lower court’s ruling in favor of a credit reporting agency that was sued for violating the Fair Credit Reporting Act because it did not provide the plaintiffs with the results of a dispute investigation, agreeing with the lower court …

This month’s stats from WebRecon were looking at each other in the mirror, it appears. While the number of Fair Debt Collection Practices Act suits were up significantly for the month of June compared with the same month last year, but still down significantly through the first half of the …

A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it included line items for interest and fees which the plaintiff took as a threat that they could be added to the unpaid …

At what point does language in a collection letter become a threat of litigation and possible violation of the Fair Debt Collection Practices Act. That is a moving target that is changing in courtrooms across the country. A District Court judge in Illinois has denied a defendant’s motion to dismiss …