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Federal Trade Commission (FTC)

The Hunstein Case: Upending Servicing and Debt Collection?

May 14, 2021 By Nanci Weissgold and Anoush Garakani

A&B Abstract: The U.S. Court of Appeals for the Eleventh Circuit, covering Alabama, Florida, and Georgia, recently decided in Hunstein v. Preferred Collection and Management, Inc., that a debt collector’s communication with its third-party vendor violated section 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”), which prohibits a debt collector for communicating, in connection […]

Filed Under: Circuit Court Decisions, Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank Act, Fair Debt Collection Practices Act (FDCPA), Federal Trade Commission (FTC), Mortgage Servicing Tagged With: #CFPB, #debtcollection, #FDCPA, Case law, Debt Collection, Eleventh Circuit, Mortgage Servicing

What Do the CFPB’s and FTC’s 2020 Debt Collection Activity Forecast for 2021?

April 5, 2021 By Kathleen Benway and Kelley Barnaby

On March 22, 2021, the Consumer Financial Protection Bureau (CFPB) released its 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). The CFPB’s annual report follows the Federal Trade Commission’s (FTC) annual letter to the CFPB regarding the FDCPA, publicly released on March 19, 2021. The annual report highlights both agencies’ efforts […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Debt Collection, Federal Trade Commission (FTC)

FTC Seeks Comment on Proposed Changes to FCRA Rules for Motor Vehicle Dealers

September 4, 2020 By Ross Speier and Nanci Weissgold

A&B ABstract: The FTC is seeking public comment on proposed changes to five FCRA rules aimed at clarifying that these rules, as promulgated by the FTC, apply only to motor vehicle dealers, as equivalent rules promulgated by the CFPB will apply to other entities.   The Federal Trade Commission (“FTC”) has announced it is seeking […]

Filed Under: Auto Loans, Consumer Financial Protection Bureau (CFPB), Consumer Loan, Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC) Tagged With: #FCRA, Credit Reporting

FTC Brings its First Case Alleging ECOA Violations in More than a Decade

June 5, 2020 By Kathleen Benway and Patrick Eagan-Van Meter

A&B ABstract: On May 27, 2020, the Federal Trade Commission (FTC) announced a complaint and settlement against a New York auto dealer alleging that it charged higher rates to African American and Hispanic customers, advertised prices it refused to honor, and fabricated fees in violation of the Equal Credit Opportunity Act (ECOA), Truth in Lending […]

Filed Under: Auto Loans, Equal Credit Opportunity Act (ECOA), Federal Trade Commission (FTC), Truth in Lending Act (TILA)

Misrepresentation and Deception: Government Enforcement Agencies Ready to Litigate

June 1, 2020 By Kathleen Benway and Kelley Barnaby

A&B ABstract:  The COVID-19 pandemic appears to be drafting the attention to consumer protection regulators to products that were active after the 2008 recession. In the midst of the global pandemic, with unemployment rates surging to unprecedented levels, consumer protection regulators appear focused on areas where cash-strapped consumers may turn,  such as credit repair, payday […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), State Law, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, #consumerprotection, #FTC

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