Consumer Financial Services Law

APRIL 4, 2018

By Zachary K. Dunn In ACA International v. Federal Communications Commission , 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the partial-exemption to the prior-consent requirement for healthcare related calls. The Court rejected two separate arguments: first, that the Declaratory Ruling conflicts with HIPPA; and second, that the Declaratory Ruling’s exemption for “certain healthcare calls” but

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Debt Collection Answers

APRIL 2, 2018

I received 2 collection letters for my son with my name on them. He doesn't live with me. When I looked at my credit report they put the to bills for in collections under me.

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Consumer Financial Services Law

APRIL 3, 2018

Last week, the Second Circuit attempted to clarify its position emanating from its decisions in Avila v. Riexinger & Assocs, 817 F.3d 72 (2 nd Cir. 2016) and Carlin v. Davidson Fink LLP, 852 F.3d 207 (2 nd Cir. 2017). Taylor v. Financial Recovery Services, Inc., No. 17-1650 (2 nd Cir. Mar. 29, 2017). In Taylor, the issue before the court was whether a collection notice violates 15 U.S.C. §1692e when it fails to disclose that interest or fees are not currently accruing on a debt.

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Consumer Financial Services Law

APRIL 2, 2018

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received from the creditor. Walton v. EOS CCA, 2018 U.S. App. LEXIS 7075 (7 th Cir. Mar. 21, 2018). In Walton, AT&T forwarded the consumer’s account to EOS CCA for collection.

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Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.