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Alston & Bird Publishes Article in “Mortgage Compliance Magazine” Addressing Key Debt Collection Challenges Raised Under the Fair Debt Collection Practices Act as a Major Focus for Industry in 2019

May 9, 2019 By Consumer Finance Team

In February 2019, Alston & Bird Partner Nanci Weissgold and Senior Associate Anoush Garakani, wrote an article published in “Mortgage Compliance Magazine,” in anticipation of the Consumer Financial Protection Bureau’s (“CFPB”) recent Proposed Rule implementing the FDCPA.  The article brings to the attention of the mortgage servicing industry the complex issues faced when applying the Fair Debt Collection Practices Act (“FDCPA”) to modern debt collection practices and the labyrinth of additional requirements created by state collection agency laws.

The article explores updates on recent court cases addressing the scope of the federal FDCPA as well as a refresher on state collection agency laws.  The article highlights the inconsistent state collection agency laws across the country and discusses several important questions that mortgage servicers should consider in applying these laws to their mortgage servicing activities.

The article can be found here on our website.

Filed Under: Consumer Financial Protection Bureau (CFPB), Fair Debt Collection Practices Act (FDCPA), Mortgage Loans

About Consumer Finance Team

Alston & Bird’s Consumer Financial Services team is a preeminent group of lawyers who are focused on the regulation of consumer credit and real estate, with a broad emphasis on origination, servicing and secondary mortgage market transactions.

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