September 21, 2015

Sixth Circuit Clarifies TCPA’s Prior Express Consent

The Sixth Circuit has clarified what constitutes “prior express consent” in connection with debt collection. In Hill v. Homeward Residential, Inc., File No. 15a0201p.06, 2015 U.S. App. LEXIS 14703 (6th…

September 18, 2015

OCC Continues to Emphasize Compliance with Servicemembers Civil Relief Act

In prepared remarks to the Association of Military Banks, the OCC re-emphasized its focus on bank compliance with the Servicemembers Civil Relief Act (the “SCRA”) and its ramp up to…

September 17, 2015

North Carolina Provides Some Clarification and Relief on Debt Collection

In a move that provides clarification and more consistency with the FDCPA but widens the gap as to the treatment of collection agencies and non-collection agency debt collectors, North Carolina…

September 16, 2015

FDIC Enters Consent Order Regarding Credit Card Add On Products

The FDIC has entered into a settlement with Comenity Bank and Comenity Capital Bank regarding their servicing and marketing of credit card add-on products. The liability premise involves Section 5…

August 27, 2015

Money Owed as a Result of Theft is not a Debt for FDCPA Purposes

The Second Circuit recently joined other circuits in confirming that money owed as a result of theft or tort claims does not constitute a debt within the meaning of the…

August 17, 2015

Sixth Circuit Expands Standing under the FDCPA

In a 2-1 decision, the Sixth Circuit recently held that the definition of “person” under the FDCPA includes business entities, including corporations and limited liability companies for purposes of 15…

August 10, 2015

The FCC TCPA Ruling: What Healthcare Providers Need to Know

The Federal Communications Commission (the “FCC”) recently released its Declaratory Ruling and Order regarding the requirements of the Telephone Consumer Protection Act of 1991 (the “TCPA”). The FCC Order provides some…

August 5, 2015

The FCC TCPA Ruling: What Financial Institutions Need to Know

The Federal Communications Commission (the “FCC”) recently released its Declaratory Ruling and Order regarding the requirements of the Telephone Consumer Protection Act of 1991 (the “TCPA”). The FCC Order provides…

July 17, 2015

CFPB Zeroing in on Inadequate Policies and Procedures

The Consumer Financial Protection Bureau (CPFB) monitors debt collectors, banks, credit unions, and credit card companies, among others, to safeguard consumers. The CFPB requires that these institutions institute policies and…

July 13, 2015

FCC Issues TCPA Declaratory Ruling and Order

Late in the day on July 10, 2015, the FCC issued the highly controversial and long-awaited Declaratory Ruling and Order regarding nineteen filed petitions requesting clarification of TCPA’s application. I spent…

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