Appeals Court Rules Against Federal Government in FDCPA Case
Account Recovery
OCTOBER 4, 2021
There are limits to what the Fair Debt Collection Practices Act can be used for, and even the federal government is not immune to learning those lessons.
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Local Government Considers Ordinance to Buy, Forgive Residents’ Unpaid Medical Debts
Account Recovery
SEPTEMBER 7, 2022
For what is believed to be the first time, a local government is looking to buy up the unpaid medical debts of tens of thousands of its citizens so the debts can be written off and forgiven.
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Cleveland Becomes Latest Government to Tackle Medical Debt Burdens for its Residents
Account Recovery
APRIL 25, 2023
The city council of Cleveland, Ohio last night approved legislation that will earmark nearly $2 million to purchase and forgive up to $190 million in unpaid medical debts for city residents, becoming the latest government entity to take measures aimed at lessening the medical debt burdens for its residents.
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Local Governments Scrambling to Protect Residents as Moratoriums End; N.M. Announces Phased Restart to Garnishments
Account Recovery
AUGUST 3, 2021
Local governments began scrambling yesterday to try and implement protections for consumers who might be facing eviction or foreclosure as moratoriums that were put into place at the start of the COVID-19 pandemic are now expiring. Announces Phased Restart to Garnishments appeared first on AccountsRecovery.net.
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ERM Program Fundamentals for Success in the Banking Industry
Speaker: William Hord, Senior VP of Risk & Professional Services
He will also dive into topic definitions, governance structures, and framework components for success. This exclusive webinar with William Hord, Senior VP of Risk & Professional Services, will explore the answers to these questions and other foundational elements you need to start or validate your ERM program. Register today!
Daily Digest – May 4. Hunstein-Related Class Actions Continue Piling Up; Cordray Back in Federal Government
Account Recovery
MAY 4, 2021
Hunstein-Related Class Actions Continue Piling Up; Cordray Back in Federal Government appeared first on AccountsRecovery.net. Preferred Collection and Management Services. There have been … The post Daily Digest – May 4.
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Trade Body calls on Government to improve its Debt Collection methods
UK debt collections
FEBRUARY 12, 2025
In a new report, the Credit Services Association (CSA), the UK trade body for the debt collection and debt purchase sector, has called on the Government to improve its debt collection methods for collecting debts to help service users more effectively and boost collections revenues.
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Government is Making Debt Recovery a lot Harder
Nexa Collect
JANUARY 14, 2023
The US government has thrown a slew of laws on collection agencies, making bad-debt recovery harder and costlier. Our government’s intention behind these laws is not wrong, but the ground reality is different. . Lower recoveries mean, low recoveries and extensive loss for businesses and doctors.
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Washington State Appeals Court Upholds Attorney Fee Award in Debt Collection Case
Account Recovery
DECEMBER 31, 2024
Represented by his legal counsel, the plaintiff filed a lawsuit asserting that the defendants actions violated state and federal laws governing collection practices, including Washington’s Consumer Protection Act (CPA).
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New Florida Statute Changes Retainage and Prompt Pay Requirements on State and Local Government Construction Projects
Jimerson Firm
JULY 13, 2023
On May 25, 2023, Florida Governor Ron DeSantis signed into law Senate Bill 346 (“SB 346”), which makes substantial changes to Florida construction law regarding prompt payment and retainage requirements on contracts between state and local governments and construction contractors on Florida construction projects for these governmental entities.
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Government slammed over plans that will fuel Private Rent Arrears
UK debt collections
OCTOBER 8, 2024
Government Ministers are being urged to do more to prevent tenants building up private rent arrears, not allow them to get bigger as currently planned. The Government and the courts should adopt the NRLA’s ready-made ‘golden rules’ as the blueprint to help such discussions.
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Consumers want New Government to act on Late Payments
UK debt collections
JULY 12, 2024
Xero, the global small business platform, today announced the findings of its ‘Settle Up’ report, which found 62 per cent of UK consumers surveyed expect tackling late payments to be a priority for government. 3 in 4 consumers (77 per cent) believe it falls to the government to make businesses behave responsibly.
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Ed. Dept. Delays Start of Student Loan Collections Until 2025
Account Recovery
OCTOBER 23, 2024
The big picture: Even with government interventions like income-driven repayment plans and loan forgiveness initiatives, millions of borrowers are still struggling to afford monthly payments. The on-ramp delayed the reporting of late payments and initiation of collection activities for up to a year.
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AFSA Submits Comment Letter on Proposed Amendments to NYC Debt Collection Regs
Account Recovery
DECEMBER 16, 2024
Proposed amendments to New York Citys rules governing debt collection have drawn significant scrutiny from trade groups outside the collection industry, most notably the American Financial Services Association (AFSA), which submitted a comment letter last week regarding the proposed amendments.
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Student Loan Moratorium Costing Gov’t $5B per Month, Think-Tank Claims in Suit
Account Recovery
MAY 15, 2023
The moratorium on student loan payments has cost the federal government $160 billion in lost assets and the federal government should be ordered to force individuals with unpaid student loan debts to start repaying them, according to a nonprofit think-tank that is seeking a preliminary injunction against the Department of Education.
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Bill Introduced in House to Prohibit Cancellation and Forgiveness of Student Loans
Account Recovery
JUNE 22, 2022
A bill has been introduced in the House of Representatives that, if enacted, would prohibit the federal government from cancelling or forgiving federal student loans because the government does not have the authority to do so and because it’s “unfair for taxpayers who paid student loans or did not attend college to pay for those … (..)
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Supreme Court Blocks Vaccine Mandate For Large Employers
Account Recovery
JANUARY 14, 2022
The Supreme Court yesterday shut down the mandate from the federal government that employers with more than 100 employees must institute a mandate for workers to either get vaccinated against COVID-19 or be tested every week saying the government overstepped its authority in having the Occupational Safety and Health Administration issue the guidance. (..)
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Daily Digest – June 22. Bill Introduced to Prohibit Student Loan Cancellations; Court Certifies Class in ADA Suit Over Site’s Inaccessibility
Account Recovery
JUNE 22, 2022
Bill Introduced to Prohibit Student Loan Cancellations; Court Certifies Class in ADA Suit Over Site’s Inaccessibility appeared first on AccountsRecovery.net.
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Daily Digest – August 26. Gov’t Instructs Agencies to Remove Medical Debt From Underwriting; Appeals Court Rules Gov’t Can be Liable for FCRA Violations
Account Recovery
AUGUST 26, 2022
FEDERAL GOV’T INSTRUCTS AGENCIES TO REMOVE MEDICAL DEBT FROM LOAN UNDERWRITING FACTORS Government agencies that make decisions about lending or guaranteeing loans must remove medical debt from their underwriting criteria, according to a memo issued yesterday by the White House Office of Management & Budget.The government said this is the (..)
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Gov’t Adopts Narrow ATDS Definition in Supreme Court Brief
Account Recovery
SEPTEMBER 8, 2020
As first noted by Eric Troutman at TCPAWorld.com, the federal government, in a brief filed Friday with the Supreme Court, thinks that the definition of an automated telephone dialing system starts and ends with technology that has the capacity to use a random or sequential number generator to store or produce telephone numbers.
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Daily Digest – October 4. Appeals Court Rules Against Gov’t in FDCPA Case; Breaking Down ‘Hidden’ Costs of Credit Scoring Apps
Account Recovery
OCTOBER 4, 2021
APPEALS COURT RULES AGAINST FEDERAL GOVERNMENT IN FDCPA CASE There are limits to what the Fair Debt Collection Practices Act can be used for, and even the federal government is not immune to learning those lessons.
CFPB Fines Credit Union $1.5M for Botched Platform Upgrade
Account Recovery
NOVEMBER 1, 2024
VyStar chose an inexperienced vendor, rushed the implementation, and failed to establish critical testing and governance protocols to ensure a successful rollout.
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FTC Sues Perpetrators of Phantom Collection Scheme
Account Recovery
MARCH 4, 2025
Additionally, the complaint highlights that the defendants impersonated existing businesses, violating the FTCs Rule on Impersonating Government and Businesses. Learn more.
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GAO Reviews Debt Collection Rule
Account Recovery
FEBRUARY 3, 2021
The Government Accountability Office has issued a report analyzing the Consumer Financial Protection Bureau’s compliance with procedural steps related to its release of the debt collection rule, which the GAO is required to perform and provide to both houses of Congress. A copy of the report can be accessed by clicking here.
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CFPB Report Highlights Gaps in Financial Data Privacy Protections
Account Recovery
NOVEMBER 13, 2024
Why it matters: The CFPB’s report draws attention to how existing federal privacy protections, primarily governed by the Gramm-Leach-Bliley Act (GLBA) and the Fair Credit Reporting Act (FCRA), have limitations in safeguarding consumer financial data.
Daily Digest – February 21. Collector Accused of Not Investigating Dispute; Judge Dismisses FDCPA Case Over Text Message for Second Time
Account Recovery
FEBRUARY 21, 2025
Collector Accused of Not Investigating Dispute Judge Dismisses FDCPA Case Over Text Message for Second Time Latest Developments in Fight Over CFPBs FutureLatest Developments in Fight Over CFPBs Future The Growing Importance of Customer Experience in Banking WORTH NOTING: The Internal Revenue Service is cutting 6,000 jobs in the middle of tax season (..)
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Judge Dismisses Suit Challenging Student Loan Forgiveness Plan
Account Recovery
AUGUST 16, 2023
A District Court judge in Michigan has dismissed a lawsuit that challenged an initiative from the federal government seeking to forgive $39 million of student loan debt, determining the plaintiffs lacked standing to sue. Well, that didn’t take very long.
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Judge Dismisses FDCPA Case Over Text Message for Second Time
Account Recovery
FEBRUARY 21, 2025
The plaintiff filed a lawsuit, alleging a violation of Section 1692c(c) of the FDCPA, which governs communications after a consumer has indicated an intent to cease communications. Despite this, the defendant allegedly sent a follow-up text two months later, seeking payment on the same debt. The ruling: Judge Douglas R.
Ed. Dept. Launches New Income-Driven Repayment Program
Account Recovery
AUGUST 24, 2023
The Department of Education, along with the federal government, yesterday announced it had launched its updated income-driven repayment application tool for individuals with unpaid student loans, a tool that could help reduce the student loan payments for up to 30 million borrowers.
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Acting FTC Chair Outlines Priorities
Account Recovery
FEBRUARY 18, 2021
Much has been written about how changes at the top of the Consumer Financial Protection Bureau are going to impact the accounts receivable management industry, but there are two other government regulators that also police debt collectors — the Federal Communications Commission and the Federal Trade Commission.
CFPB Takes Enforcement Action Against ISA Provider
Account Recovery
SEPTEMBER 8, 2021
The Consumer Financial Protection Bureau yesterday announced an enforcement action against an income share agreement provider that was accused of misrepresenting its product and failing to comply with federal law governing private student loans.
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Collection Agency Wins MSJ Against S.C. AG in Anti-Spoofing Lawsuit
Account Recovery
JULY 14, 2022
AG in Anti-Spoofing Lawsuit appeared first on AccountsRecovery.net.
Hearing Today in Industry Case Against New Nevada Medical Collection Law
Account Recovery
JULY 27, 2021
A hearing is scheduled for this afternoon in before a federal judge in Nevada courtroom attorneys representing a dozen collection agencies and ACA International will seek to obtain a temporary restraining order blocking legislation that governs how medical debts are collected in the state. The law went into effect on July 1.
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FTC Report Analyzes How Fraud and Scams Affect Communities of Color
Account Recovery
OCTOBER 20, 2021
Debt collection, student loan debt relief, payday loans, and government impersonators are just a few of the categories highlighted in a Federal Trade Commission report that analyzes the regulator’s effort at addressing fraud and consumer issues that are affecting communities of color, which was released earlier this week.
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Biden Announces Student Loan Cancellation Plan, Extends Moratorium on Payments
Account Recovery
AUGUST 25, 2022
Surprising nobody yesterday, President Biden announced that the federal government will forgive up to $10,000 in student loan debt for anyone making less than $125,000 per year and up to $20,000 for anyone with a Pell grant, while also extending the moratorium on making student loan payments through the end of the year.
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Financial Cushions for Americans Getting Thinner Heading into 2022
Account Recovery
DECEMBER 14, 2021
While most households are in a better financial shape now than they were when the COVID-19 pandemic began, the economic benefit from financial aid provided by the federal government is rapidly fading, especially for those at the bottom of the income ladder, according to a published report, which warns that fewer consumers have savings to … The (..)
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Maine Credit Reporting Amendments Pre-Empted by FCRA, Judge Rules
Account Recovery
OCTOBER 12, 2020
A District Court judge in Maine has granted a trade association’s motion for judgment after it sued the state for enacting laws that governed how, among other things, medical debts are reported to credit reporting agencies by collection agencies. A copy of the ruling in the case of Consumer Data Industry Association v.
Appeals Court Overturns Ruling Preempting State Credit Reporting Laws in Maine
Account Recovery
FEBRUARY 11, 2022
The Court of Appeals for the First Circuit has overturned a lower court’s ruling that a pair of credit reporting laws in Maine governing how certain debts are reported to credit reporting agencies are preempted by the Fair Credit Reporting Act, remanding the case back to the District Court to more accurately determine the scope … The post (..)
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Hospitals Sue Gov’t Over Dispute Process in No Surprises Act
Account Recovery
DECEMBER 14, 2021
The American Medical Association and American Hospital Association have filed a lawsuit against the federal government seeking to stop the enactment of the No Surprises Act, which is scheduled to go into effect on January 1.
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Biden, CFPB Take Next Step in Junk Fee Crackdown
Account Recovery
OCTOBER 27, 2022
The announcement is part of a crackdown on what the federal government is labeling … The post Biden, CFPB Take Next Step in Junk Fee Crackdown appeared first on AccountsRecovery.net.
William C. Goings Appointed to Encore Capital Group Board of Directors
Account Recovery
SEPTEMBER 1, 2022
Mr. Goings will serve on Encore’s Compensation Committee and Nominating and Corporate Governance Committee. Goings has been appointed to Encore’s Board of Directors effective September 1, 2022. Goings (64) has years of global executive leadership experience … The post William C.
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Colorado AG Issues Guidance Related to Collection Agencies Working Remotely
Account Recovery
AUGUST 23, 2022
The Colorado Attorney General’s Consumer Credit Unit last week published new guidance related to the enactment of a law governing remote work for licensed lenders while also noting that the guidance originally enacted at the start of the pandemic in 2020 remains in effect for entities not covered by the new law, including collection agencies, (..)
Federal Gov’t Announces Crackdown on Discrimination in Financial Services
Account Recovery
OCTOBER 25, 2021
It might not specifically mention debt collection or the accounts receivable management industry, but everyone’s ears should still be perking up after a number of departments within the federal government on Friday announced a crackdown on discrimination in the financial services industry.
Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2021
In the Red
NOVEMBER 2, 2021
. Each year amendments are made to the Federal Rules of Bankruptcy Procedure, which govern how bankruptcy cases are managed. Rule 9036, governing notice and service, was amended to address high-volume paper-notice recipients and to specify procedures for such recipients related to the Bankruptcy Noticing Center (BNC).
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