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Posts published in “Federal Regulation”

SCOTUS Ruling Effectively Ends CDC’s Eviction Moratorium

In a per curiam opinion, the Supreme Court of the United States recently held that the Director of the Centers for Disease Control and Prevention (CDC) exceeded its authority when it "imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and who make certain declarations of financial need."

Supreme Court Substantially Restricts Ability to Sue in Federal Court for FCRA, FDCPA, TCPA and Other Statutory Violations – Same Class Actions Now Difficult to Certify

On June 25, 2021, the Supreme Court of the United States held that a plaintiff must suffer a concrete injury resulting from a defendant’s statutory violation to have Article III standing to pursue damages from that defendant in federal court. The Court also held that plaintiffs in a class action must prove that every class member has standing for each claim asserted and for each form of relief sought.

SCOTUS Limits FTC’s Ability to Obtain Equitable Monetary Relief

The Supreme Court of the United States recently held that the Federal Trade Commission Act allows permanent injunctions to prevent future violations but does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement, except that the FTC may obtain monetary relief by first invoking its administrative procedures and then Section 19’s redress provisions (which includes limitations).

3rd Cir. Holds No FDCPA Violation When Non-Interest-Bearing Debt Itemized ‘$0.00’ for Interest

The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a class action complaint alleging that a collection letter’s itemization of a debt as including “$0.00” in interest and fees — when the debt could not accrue interest or fees — violated the federal Fair Debt Collection Practices Act.

CFPB Rescinds the Abusiveness Policy Statement From January 2020: What Is Abusive Conduct Now?

Last year, the CFPB provided some answers to the question: What is abusive conduct? For 10 years, industry waited on a policy statement regarding the framework that the CFPB would use in enforcement related to the catch-all category of “abusiveness” only to have the CFPB rescind the policy statement citing that it intended to “exercise its supervisory and enforcement authority consistent with the full scope of its statutory authority under the Dodd-Frank Act.”

2020 In Review: Federal and State Activity in Consumer Debt Collection Regulation

During what was an extraordinary and difficult year, there was an abundance of activity at the state and federal levels and a good deal of it was driven by the present COVID-19 pandemic. Here is my take on some of the most significant regulatory activities from the past year in consumer debt collection that will continue to impact both consumers and creditors in the years to come.