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Show: results per page Sort by:  | FCC Ruling: Companies Can Be Held Vicariously Liable Under the TCPA for Actions Taken by Third-Party Vendors
David N. Anthony, Virginia Bell Flynn, John C. Lynch, Jason E. Manning, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 17, 2013, previously published on May 16, 2013 The law is clear that if a company makes a call for telemarketing or solicitation purposes then it can be subject to the Telephone Consumer Protection Act (TCPA). An open question has been whether that same company, which hires an outside third-party vendor to make these calls on the...
| | Debt Collectors Get Ready: The CFPB Isn’t the Only Agency to Fear
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 6, 2013, previously published on May 3, 2013 The Federal Trade Commission and the Consumer Financial Protection Bureau have announced a jointly-sponsored “roundtable” to address “data integrity” in the debt collection process, to be held June 6, 2013. This initiative, while innocuously presented as an information...
| | CFPB Issues Proposed Amendments to Regulation X and Regulation Z
David N. Anthony, Virginia Bell Flynn, Nicola Harrison; Troutman Sanders LLP;
Legal Alert/Article May 6, 2013, previously published on May 1, 2013 The Consumer Financial Protection Bureau (CFPB) has issued a rule containing proposed amendments to the Mortgage Servicing Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Mortgage Servicing Rules Under the Truth in Lending Act (Regulation Z) that previously were issued...
| | CFPB Issues 2013 Annual Report: Debt Collection Industry Remains a Top Priority
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 28, 2013, previously published on March 25, 2013 As if the debt collection industry needed another reminder, the March 20, 2013 Fair Debt Collection Practices Act (FDCPA) second annual report from the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) makes absolutely clear that regulation of debt collection...
| | CFPB Announces Plans to Fundamentally Change Indirect Auto Lending Practices
David N. Anthony, Paige S. Fitzgerald, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 The Consumer Financial Protection Bureau (CFPB) issued an innocuously named bulletin, "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act," on March 21, 2013, that amounts to a manifesto to fundamentally reform the indirect auto lending market.
| | Reminder! Follow FDCPA Requirements Strictly
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 18, 2013, previously published on March 14, 2013 On March 1, 2013, the Third Circuit clarified the law on validation notices required under the Fair Debt Collection Practices Act (FDCPA), stressing that debt collectors should adhere not only to technical statutory requirements but also to draft language that effectively communicates such notice...
| | Lawsuit Challenging CFPB Expands to Include 11 States
David N. Anthony, Paige S. Fitzgerald, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article February 22, 2013, previously published on February 20, 2013 On February 13, 2013, eight more states joined the lawsuit challenging the constitutionality of portions of the Dodd-Frank Wall Street Reform Act as well as the existence of the Consumer Financial Protection Bureau (CFPB), bringing the total number of states challenging the Act to 11. The suit...
| | CFPB Releases Rule Aimed at Reforming Force-Placed Homeowners’ Insurance Practices
David N. Anthony, Virginia Bell Flynn, Nicholas R. Klaiber, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article January 30, 2013, previously published on January 23, 2013 On January 17, 2013, the Consumer Financial Protection Bureau (CFPB) released a rule creating stringent requirements for servicers imposing force-placed insurance on homeowners.
| | CFPB Restricts Loan Originators’ Compensation
David N. Anthony, Virginia Bell Flynn, Maryia Y. Jones, John C. Lynch; Troutman Sanders LLP;
Legal Alert/Article January 30, 2013, previously published on January 24, 2013 On January 22, 2013, the Consumer Financial Protection Bureau (CFPB) issued the last rule in a set of mortgage regulations issued earlier this month. The final loan originator compensation rule (Rule) amends Regulation Z, which implements the Truth in Lending Act. At its core, the Rule prohibits...
| | TCPA: Complete Turnaround on Definition of ‘Prior Express Consent’
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article January 7, 2013, previously published on January 4, 2013 On December 28, 2012, the Ninth Circuit amended its prior opinion filed on October 12, 2012, in Meyer v. Portfolio Recovery Associates, LLC, No. 11-56600, to make a 180-degree turn in its definition of prior express consent under the Telephone Consumer Protection Act (TCPA). Specifically, the...
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