The Consumer Financial Protection Bureau has used a lot of adjectives so far to detail what debt collectors can not do when trying to recover unpaid debts owed by consumers. Those adjectives include: harassing, oppressive, abusive, false, deceptive, misleading, unfair, and unconscionable. In Section 1006.30, it seems as though the …
Read More »Bedard: Breaking Down Regulation F’s Provision on Time-Barred Debt Collection
The Consumer Financial Protection Bureau made a small, but important change from the proposed debt collection rule to the final version of Regulation F with respect to the liability that debt collectors face when attempting to collect on time-barred debts. The CFPB opted not to use a “knows or should …
Read More »Bedard Breaks Down How Reg F Addresses Unfair and Unconscionable Collections
Section 1006.22 of Regulation F — the Consumer Financial Protection Bureau’s debt collection rule — is the section that suffers from a bit of a technology identity crisis, but still includes some new wrinkles in laying out the kinds of behavior that are prohibited when attempting to collect on unpaid …
Read More »Why Everyone Needs a Refresher on False, Deceptive or Misleading Representations or Means
If you have ever come across a sign or a set of instructions that you think are just completely obvious — like the post of a giant hot dog at IKEA with an asterisk that says “not actual size” — those kinds of statements are usually not there accidentally. They …
Read More »Bedard Discusses Exceptions to Cease Communication Requests
When it released its debt collection rule, the Consumer Financial Protection Bureau did not make a lot of changes to how the Fair Debt Collection Practices Act restricts the use of harassing, oppressive, and abusive behavior, but it did make some subtle changes, and they are changes that collectors need …
Read More »Bedard Breaks Down Call Frequency, Communication Caps of Debt Collection Rule
Among the provisions of the Consumer Financial Protection Bureau’s debt collection rule that has the potential to be the most problematic with which to comply is the limitations that are being placed on the number of communication attempts and the number of conversations that collectors can have with consumers. Under …
Read More »Bedard Breaks Down Rule’s Provisions Related to Location Information
In issuing its debt collection rule, the Consumer Financial Protection Bureau had the opportunity to update a rule that had been left largely untouched since it went into effect more than 40 years ago. And, as has been discussed in previous videos, the CFPB did opt to modernize how debts …
Read More »Bedard Analyzes The Ins and Outs of the Debt Collection Rule’s Opt-Out Provisions
While it may seem straightforward, the fact that the Consumer Financial Protection Bureau did not explicitly state how collectors should communicate that consumers can opt out of receiving electronic communications like emails and text messages does leave that open to some interpretation. The CFPB call for the opt-out messages to …
Read More »Bedard: How Agencies Can Invoke BFE Defense When Communicating Via Email, Text Message
“Why did you think it was ok to not wear a mask when you went outside to play with your friends?” “Because nobody else was wearing one.” “If everyone else jumped off the Brooklyn Bridge, would you do it, too?” How many times have we said or heard that line? …
Read More »Industry Experts Make Predictions for Biden Administration’s Impact on ARM Industry
A new president will take office today, and whether you are happy or sad about that, it likely will mean changes are coming for the accounts receivable management industry. To paint a picture of what changes might be on the horizon, AccountsRecovery.net reached out to a number of industry veterans …
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