We previously reported on the Federal Trade Commission’s (FTC) proposed rule that has sparked quite a stir. The proposed rule aims to ban companies from forcing employees to sign non-compete agreements. These agreements prohibit workers from taking jobs with competitors for a certain period of...
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ACA Responds to CFPB Analysis on Third-Party Debt Collection Credit Reporting
The report examines debt collection credit reporting and medical debt reporting from 2018-2022 through a narrow lens and overlooks multiple factors influencing credit reporting. The Consumer Financial Protection Bureau has released an updated report on credit reporting trends from 2018-2022. The...
9th Cir. Holds TCPA Autodialer Must Generate and Dial Random or Sequential Phone Numbers
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random...
District Court Rules Against CFPB Authority in ECOA Case
The court approved a non-bank mortgage lender’s motion to dismiss a CFPB complaint on the grounds the bureau’s interpretation of how the statute applies in credit decisions; another example of legal pushback against the bureau’s actions. A district court has dismissed an enforcement action from...
US Chamber of Commerce Launches Campaign to Rein in CFPB
On June 28, the U.S. Chamber of Commerce (Chamber) launched a focused campaign to highlight what it describes as unlawful regulatory overreach by the Consumer Financial Protection Bureau (CFPB or Bureau) and, specifically, new CFPB Director Rohit Chopra. “At every turn,” writes Chamber Executive...
Debt Collection Text Messages Not Protected by Bona Fide Error?
Starting in late 2020, the national media and consumer advocates published panicked warnings about debt collectors flooding consumers with unwanted text messages, emails and messages on social media in attempting to collect debts after implementation of Regulation F: Debt collectors will soon be...
Training: Back to the Basics
Christopher Rickman and McKenzie Rickman of Peak Revenue Learning sat down with Colene McNinch, Partner and Chief Compliance Officer at M&G Solutions to discuss training and how vital it is to a skilled and compliant workforce. Training is a fundamental aspect of a sound Compliance Program and...
Why the CFPB’s Expansion of its UDAAP Authority to Target Discrimination Requires Rulemaking
In a new blog post published on the Consumer Law & Policy Blog, Professor Jeff Sovern advocates very strongly in support of interpreting the “unfairness” prong of UDAAP to encompass discrimination in connection with credit and non-credit consumer financial products and services offered by...
Surprise Billing Ban Opens Door for CFPB to Curb Medical Debt
A new federal ban on surprise medical bills gives the Consumer Financial Protection Bureau a path to limit how much medical debt is posted to consumer credit reports. The CFPB recently announced that it was looking into whether uncollected medical bills should be included on credit reports at all....
Owners Sued After Company Dissolved: New Ruling Highlights Why TCPA Liability Doesn’t Always Die With Company Making Calls
As we’ve covered repeatedly on TCPAWorld, one of the most unfair things about this whacky TCPAWorld of ours is that individual employees, officers, and directors of companies that violate the TCPA can be sued directly for conduct they took on behalf of their employer. So the CEO, the guy in charge...
Biden Admin Considering Vaccine Mandate For Businesses With Fewer Than 100 Employees
OSHA rule for big businesses forces employees to be vaccinated or wear masks and get weekly COVID-19 tests. The Occupational Safety and Health Administration (OSHA) says it is "seeking comment" about whether businesses with fewer than 100 employees should be subject to the COVID-19 vaccine and...
Allegation of 19 Calls, Without More, Did Not Violate FDCPA
An Ohio district court granted a debt collector’s motion for summary judgment, finding that an allegation of 19 calls over a one-year period without any evidence that the calls were intended to annoy, abuse, or harass the consumer did not violate the FDCPA. Background:A consumer sued a debt...