Archive | Financial Services Blog

Mark-Colombell

A Congressional Response to Marx v. General Revenue Corp.

By on May 15, 2014

The case of Marx v. General Revenue Corp. is garnering even more attention. In December of 2011, the 10th Circuit affirmed the decision of the trial court that awarded costs to a prevailing defendant in a Fair Debt Collections Practices Act (the “FDCPA”) lawsuit. In February 2013, we reported on the United State Supreme Court […]

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Courtney Malveaux

From “Blackfish” to Blacklist: Show Biz Gets No Break from OSHA

On February 19, 2014

When you think about OSHA, you might envision wordy posters on lunchroom walls.  Government inspectors patrolling manufacturing floors.  Or construction workers in hardhats. But amusement parks?  Neighborhood theaters?  Independent filmmakers? You bet. If you ever doubted that OSHA would crack down on the entertainment industry, SeaWorld should serve notice.  CNN can’t run “Blackfish” enough.  In […]

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Mark-Colombell

Attention Debt Collectors: New Rules Are On The Way

By on November 11, 2013

On November 6, 2013, the Consumer Financial Protection Bureau (the “CFPB”) formally issued an Advance Notice of Proposed Rulemaking focused on the governance of debt collectors.  Since its creation, the CFPB has been equipped with a wide range of enforcement and regulatory mechanisms, including but not limited to rulemaking.  While it is generally the case […]

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Zachary D. Cohen

FTC Settlement with Debt Collector over Text Messages

By on October 30, 2013

Last month, the Federal Trade Commission (FTC) extracted a $1 million settlement from a debt collector who used text messaging to attempt to collect debts in an allegedly unlawful manner.  The FTC charged a California-based debt collector who owned two debt collection companies—National Attorney Collection Services, Inc. and National Attorney Services LLC—with violations of the […]

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Mark Colombell

The Need For a Compliance Management System

By on August 9, 2013

The reach of the Consumer Financial Protection Bureau (the “CFPB”) continues to expand.  Debt collectors of all shapes and sizes must familiarize themselves with the structure, purpose and activities of the CFPB.  If your company finds itself in the crosshairs of a CFPB examination, you must recognize that the process is going to be expensive […]

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Zachary Cohen

Consistency in Language to Debtors is Important

By on June 4, 2013

A recent decision of the Third Circuit Court of Appeals highlights the importance of consistency in correspondence from a debt collection agency to debtors.  The case involved the language in a collection notice that was sent to a debtor regarding monies owed for medical expenses.  See Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d […]

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