Sat.Mar 24, 2018 - Fri.Mar 30, 2018

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House Committee Okays Bill to Amend FDCPA to Exclude Law Firms from Definition of “Debt Collector”

Consumer Financial Services Law

By: Zachary K. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R. 5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. The bill, if enacted, would amend the Fair Debt Collection Practices Act to exclude from the definition of “debt collector” all law firms or licensed attorneys working in connection with “a legal action in a court of law to collect a debt on behalf of a client,” including

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D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry

Consumer Financial Services Law

The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition of an automated telephone dialing system (“ATDS”) and sets aside the FCC’s ruling on reassigned numbers. The ruling, however, upholds the FCC’s determination that consent can be revoked through any reasonable means.