One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk.
The Consumer Financial Protection Bureau (CFPB) released the final version of a debt collection rule that was last seen in proposed form back in May 2019.
This week, both houses of the California state legislature passed the Debt Collection Licensing Act (SB 908), a bill that makes California one of 35 states to require a license in order to practice debt collection. Governor Gavin Newsom is expected to sign the bill into law.
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
Not with a bang but with a whimper.
While everybody waits to see if the government-backed debt exemption leads to the Supreme Court potentially invalidating the Telephone Consumer Protection Act (TCPA) entirely, a district court somewhat surprisingly decided to enforce that same debt exemption.
Last Friday, the Minnesota Department of Commerce issued Regulatory Guidance 20-27 clarifying remote work procedures for the debt collection industry and extending that guidance to cover Governor Tim Walz’s extension
At the end of March, Massachusetts Attorney General Maura Healey filed emergency regulations banning the collection of consumer debt during the COVID-19 crisis, including a 90 day ban on debt collection calls and text messages to Massachusetts residents. Last week, a judge issued an injunction preventing the Attorney General from enforcing that ban.
Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation.
The legislature of the state of New York and Governor Andrew Cuomo enacted the state’s 2021 Executive Budget. Among the budget’s provisions is one that reduces the statute of limitations from six years to three years for collections lawsuits on medical debt.
Throughout the various ups and downs of Telephone Consumer Protection Act (TCPA) litigation, federal and state regulatory actions, and precedent-setting court decisions, one of the few consistent truths is that plaintiff attorneys make money hand over fist.