New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

Jimerson Firm

This new law and the changes to the Local Government Prompt Payment Act and the Florida Prompt Payment Act will become effective on October 1, 2020, and apply to construction services contracts advertised for bid or entered into by state or local government entities in Florida after October 1, 2020.

MP’s lobby Government for new Debt Collection Laws

UK debt collections

A mixed party collaboration of MP’s has written to the Chancellor requesting new legislative measures to reform the government’s debt collection practices. The Bill would see an end to what the MP’s call ‘outdated regulations’ on the government’s debt collection practices. Enshrine a set of binding fairness principles in law, which all government debt collection must comply with and draw from improvements the private sector; 2.

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Facebook and U.S. Government Submit Final Briefs in Supreme Court ATDS Fight, Oral Argument to Follow

TCPA

This week, Facebook and the United States government filed responses to Plaintiff’s brief in Facebook, Inc.

Facebook and U.S. Government File Supreme Court Briefs Supporting Narrow Interpretation of ATDS Definition

TCPA

Last Friday, Facebook and the United States government filed briefs in Facebook, Inc. Duguid, the Supreme Court case that promises to resolve the growing circuit split over the interpretation of the definition of an ATDS.

TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?

Collection Industry News

American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that going forward, companies that make “debt-collection” calls on behalf of the federal government can only do so with the prior express written consent of the called individuals. By a 6 to 3 vote, the Supreme Court agreed and struck down the government-debt exception and affirmed the ruling of the Fourth Circuit.

New government proposals could affect collections and recovery

Micro Bilt

Recently, the CFPB put forth a Notice of Proposed Rulemaking that could potentially impact how businesses approach conducting collections and recovery. Collections and Skip Tracing

Despite Absence of Settlement, Unclaimed Funds To Be Distributed To Government Or Charity Rather Than Revert To Dish Network

TCPA

Last week, the federal judge presiding over a class action against Dish Network (“Dish”) denied a request for reversion of $11 million in unclaimed funds, deciding instead that the funds—which were the product of a trial rather than a settlement—should … Continue reading → Reversion Settlements Cy Pres

Supreme Court Strikes Government-Debt Exception But Saves Other Restrictions on Automated Telephone Equipment

TCPA

On July 6, 2020, the Supreme Court issued a highly anticipated—and highly fractured—ruling in Barr v. American Association of Political Consultants. The nine Justices produced four opinions, none of which commanded a majority. But six of the Justices agreed that … Continue reading → Automatic Telephone Dialing System Debt Collection Exemptions First Amendment Strict Scrutiny Supreme Court

New York City DCA Issues Covert Regs Governing Interactions with Consumers Who Do Not Speak English

BN Lawyers

On June 11, 2020, the New York City Department of Consumer Affairs (“DCA”) released amendments to its debt collection regulations aimed at addressing communications with consumers who may have limited English proficiency (the “Amendments”). While this is an issue on many regulators’ minds, these NYC Amendments appeared to come out of left field.

Join Us for the American Conference Institute’s 32nd Annual Advanced Forum on Consumer Finance Class Actions, Litigation & Government Enforcement Actions

Troutman Sanders

Join Troutman Pepper Partner John Lynch for the American Conference Institute’s 32nd Annual Advanced Forum on Consumer Finance Class Actions, Litigation & Government Enforcement Actions.

Look For These Key Signs When Looking For a Dependable Government Collection Agency

Credits Inc

dependable government collection agencies. A dependable government collection service stands out above the others. Dependable Government Collection Agencies Are Transparent. Dependable Government Collection Agencies Are Legit and Established. Working with a dependable government collection agency can speed up your productivity and enhance your life as a business owner or an independent contractor.

Deciding Whether to Hire a Collection Agency for a Government Debt

Credits Inc

A growing concern for the government is the steady increase of the U.S. Recovering delinquent debt has become necessary for the government to continue to provide services to the public, stay within designated federal budget guidelines, and fund various programs. As a result, across the country, government agencies are hiring private debt collection and recovery services to retrieve unpaid debt. government debt collection agency.

Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

FDCPA Defense

The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. The consent orders impose significant new requirements relating to data integrity, dispute handling, debt substantiation, debt sales, affidavit practices, and litigation practices. The orders are not formal “rules” from the CFPB, nor are they “binding” on anyone, other than those identified in the orders.

Federal Court Bars Government from Enforcing Presidential Proclamation’s Suspension of Nonimmigrant Visas Against Thousands of U.S. Businesses

Burr Forman

On October 1, 2020, a California District Court issued an order barring the government from enforcing the visa ban, but only against several large corporate associations and their members.

TPPPA Webinar: “Strategies to Prepare for Potential Target Areas of CCPA Enforcement by the California Attorney General and the Impact of the Election”

Troutman Sanders

ALL CFS Blog Entries CFS Events Cyber Security, Information Governance & PrivacyDate: November 17, 2020. Time: 2-3pm ET.

Washington Collection Agency Licensing Board Sets Nov. 3. Special Meeting on Remote Work Rule

Collection Industry News

ACA International Vice President of State Unit and Government Affairs Andrew Madden and ACA member Kevin Underwood, attorney with Linebarger Godden, Blair & Sampson LLP, serve among six subject matter experts on the rule committee. Government NewsThe Washington State Collection Agency Licensing Board (CAB) will hold a special meeting on Nov. 3 to review language in its permanent rule on remote work for licensed collection agencies.

District Court Finds Plaintiff Lacks Standing to Bring FDCPA Suit After He Testified That He had Not Read the Collection Letter at Issue

Collection Industry News

Government NewsIn Truckenbrodt v. CBE Grp., Inc., 2:19-cv-2870 (ERK) (SMG), (E.D.N.Y. 21, 2020) the court dismissed a suit brought under the Fair Debt Collections Practices Act (“FDCPA”) after the plaintiff conceded that he had not actually read the collections letter at issue. The plaintiff, John Truckenbrodt (“Truckenbrodt”), owes a debt that was referred to defendant CBE Group (“CBE”) for collections.

District Court Holds Letter Notifying Debtor of Change in Debt Ownership Can Fall Under FDCPA

Collection Industry News

Government NewsOn October 5, 2020, the U.S. District Court for the Middle District of Florida denied a debt collector’s motion for summary judgment, holding that a letter which provides notice of a change in debt ownership and requests payments be remitted to the new owner qualifies as a communication related to a debt under the Fair Debt Collection Practices Act (“FDCPA”), which restricts how debt collectors can collect from debtors.

Washington, DC Extends its COVID-19 Collection Ban

Collection Industry News

Government NewsFor those who were holding their breath until they could restart collecting debts in Washington, DC, it appears they’ll have to hold it a little longer. In response to the COVID-19 pandemic, Washington, DC issued a stringent blanket ban on collections within its jurisdiction to last until 60 days after the emergency order is lifted. That emergency order has now been extended to last through December 31, 2020.

Senators Propose COVID-19 Medical Debt Collection Relief Act

Collection Industry News

Government NewsDemocrat senators on Tuesday proposed legislation to prevent health care providers from actions such as wage garnishment in connection with medical debts. The COVID-19 Medical Debt Collection Relief Act , sponsored by U.S. Chris Van Hollen, D-Md., and Chris Murphy, D-Conn.,

Missoula Municipal Court recommends debt collection to recover $4M in unpaid fines

Collection Industry News

Government NewsMissoula Municipal Court (MTN News photo). MISSOULA — Missoula Municipal Court recommended to the Budget Committee of the Whole on Wednesday the use of a debt collection agency to collect more than $4 million owed in fines to the court.

Webinar: Privacy: The Current Status of the CCPA and Compliance Challenges

Troutman Sanders

While COVID-19 has impacted governments, businesses, and even many federal and state statutes and regulations, the CCPA appears to be immune. CCPA CFS Events COVID-19 Cyber Security, Information Governance & Privacy

CFPB Announces new Consumer Advisory Board Members, No Respresentation for Debt Collectors Yet Again

Collection Industry News

Government NewsLast week, the Consumer Financial Protection Bureau (CFPB) announced the newest members of its advisory boards , including the Consumer Advisory Board (CAB). Notably, the CAB is yet again devoid of representation from the debt collection industry, which has been a pattern ever since 2018, when the CFPB’s Former Acting Director Mick Mulvaney disbanded the advisory board on which Ohad Samet, CEO of TrueAccord, sat.

Californians Pass CPRA, Expanding Consumer Privacy Protections

Troutman Sanders

All Entries Cyber Security, Information Governance & Privacy Featured Posts

Debt Collection Industry Asks CFPB for Clarity in Updated FDCPA Rule

Collection Industry News

Government NewsACA International Leadership to Discuss its Comments on the Proposed Rule in Press Briefing Today. WASHINGTON , Sept. 18, 2019 /PRNewswire/ — ACA International’s comprehensive comments in response to the Consumer Financial Protection Bureau’s proposed debt collection rule recommend fair and objective policies that clarify legal obligations for the accounts receivable management (ARM) industry and provide clarity for consumers.

OFAC Warns Companies About Facilitating Ransomware Payments

Troutman Sanders

government has issued many resources, including a Ransomware Guide that details preventive best practices and a response checklist. All Entries Cyber Security, Information Governance & PrivacyOn October 1, the U.S.

Hopefully the End of the Debt Itemization Circus? 7th Cir. and CFPB Side with Debt Collector

Collection Industry News

Government NewsWe’ve seen a lot of court decisions on the interest disclosure claim over the past couple of years, but it’s always noteworthy when a Circuit Court of Appeals and the Consumer Financial Protection Bureau (CFPB) speak on the issue. We’ve had many appellate decisions, including several out of the Second Circuit, denying almost every iteration of the interest disclosure claim that plaintiffs and their attorneys have cooked up.

Constitutional Standing is Like a Box of Chocolates: Eleventh Circuit Spits FACTA Settlement Agreement Back to the Lower Court

Troutman Sanders

All Entries Class Actions Cyber Security, Information Governance & Privacy Federal Trade Commission (FTC) Payment Processing & Cards State Attorneys General, CFPB, & FTC

Trade 52

Supreme Court Rules on Federal Debt Collectors and TCPA

Collection Industry News

American Association of Political Consultants , petitioners argued that the government debt collection exemption to the TCPA’s Automatic Telephone Dialing System (ATDS) provision violated the First Amendment by impermissibly favoring government speech. Government NewsWhat many were hoping to be a bombshell Telephone Consumer Protection Act (TCPA) case came and went without much more than a pop and a fizzle. In Barr v.

The Slow Demise of Recent Collection Letter Overshadowing Claims

Collection Industry News

Government NewsAgencies that collect debts in New York and New Jersey are likely no strangers to the law firm Barshay Sanders PLLC and their recent frequently-filed claim that the format of a collection letter—font size, location of the notice of validation rights, the use or lack of transitional language—overshadows the consumer’s validation rights under the Fair Debt Collection Practices Act (FDCPA).

In the Nick of Time: NYC DCA Releases Glossary and Translations of Commonly-Used Terms

Collection Industry News

Government NewsAs debt collectors began to wonder whether they’d be able to comply with New York City Department of Consumer Affair’s (DCA) new Limited English Proficiency rule, the regulator has finally posted the final piece of the puzzle just as its enforcement grace period against debt collectors was about to expire. Yesterday, DCA at long last posted the glossary of commonly-used collection terms and their translations.

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Government NewsDoes a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.

New York AG Announces Settlement with Dunkin’ Regarding Data Breach Lawsuit

Troutman Sanders

All Entries Cyber Security, Information Governance & Privacy Featured Posts State Attorneys General State Attorneys General, CFPB, & FTCOn Tuesday, September 15, New York Attorney General Letitia James announced a settlement with Dunkin’ Brands Inc.

2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Government NewsThe U.S. Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor.

California Consumer Privacy Act Enforcement Series: Businesses Collecting Children’s Personal Information and Health-Related Data

Troutman Sanders

All Entries Cyber Security, Information Governance & PrivacyEnforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office.

California Consumer Privacy Act Enforcement Series: OAG’s Reaction to CPRA Referendum

Troutman Sanders

All Entries Cyber Security, Information Governance & PrivacyEnforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office.

California Consumer Privacy Act Enforcement Series: Service Providers

Troutman Sanders

All Entries Cyber Security, Information Governance & Privacy Featured PostsEnforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office.