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Attention Debt Collectors: New Rules Are On The Way
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…
Karen Dunivan Konvicka to Speak at the ICLE Special Needs Trust Program
Trusts, Estates, and Elder Law attorney Karen Dunivan Konvicka is scheduled to participate as a speaker at the State Bar of Georgia’s Special Needs Trust Program for the Institute of…
FTC Settlement with Debt Collector over Text Messages
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. …
Legal Defense in DMAS Home Health Audits
What would we do without home health care providers? They keep “grandma” out of the nursing home by providing 24/7 assistance with the activities of daily living. They care for…
Materiality Standard Applies to False and Misleading Statements under the FDCPA
Earlier this summer, in a per curiam opinion, the Fourth Circuit confirmed that a false or misleading statement under 15 U.S.C. § 1692e must be material in order to violate…
Andrea Yoak Named as 2024 Influential Women of Law
Elder Law and Estate Planning attorney Andrea Yoak has been selected to Virginia Lawyers Weekly (VLW) class of 2024 Influential Women of Law. The program awards female attorneys and judges…
NOTICE: Corporate Transparency Act
The new Corporate Transparency Act (“CTA”) was recently enacted with the goal of combatting money laundering, tax fraud, and other illicit activities by increasing transparency into entity structures and ownership….
The Need For a Compliance Management System
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…
Consistency in Language to Debtors is Important
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…
Less-than-Perfect Compliance with DMAS Regulations Does Not Always Justify a Retraction of Payment
As providers work tirelessly to furnish essential health care services to the elderly, disabled and infirm, they must navigate the DMAS Provider Agreement as well as labyrinthine federal and state…