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Posts published in “State & Local Regulation”

What You Should Know to Navigate the Troubled Waters of Nevada’s New Medical Debt Collection Legislation

Nevada SB248, which regulates the collection of certain medical debt in the state, becomes effective July 1. The bill, introduced in March 2021, was rushed through the Legislature before it went out of session on June 1. The result is that SB248 is a broken piece of legislation bound to cause harm to medical consumers, the medical collections industry, and health care providers.

Maryland High Court Holds Unlawful Threat of ‘Self-Help Eviction’ Enough to Sue

The Maryland Court of Appeals, the highest court in the State, recently held that the plaintiffs owners and tenants of residential properties set forth a cause of action under Md. Code Real Prop. 7-113 against a mortgage servicer and real estate broker for supposedly posting eviction notices without first ascertaining the occupancy status, even though the notices did not cause the occupants to vacate the properties.

A Close Call in This Debt Buyer Licensing Decision – Jan. 25 Webinar to Explain Tough Licensing Issues for Debt Buyers

On Jan. 19, a federal court in Pennsylvania dismissed a complaint against a debt buyer which alleged violations of the federal Fair Debt Collection Practices Act stemming from an alleged failure to be licensed under the Pennsylvania Consumer Discount Company 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.

2020 Year-End Wrap Up: Enforcement Actions of the State Attorneys General

In a year when society, families and business were forced to make immediate and radical adjustments, government offices also scrambled to proceed in a new environment. Regulators shifted resources in order to comply and respond to complaints of price-gouging while also continuing the investigations and enforcement actions already on the books.

Three of New York City’s New Language Access Rules for Debt Collection Can Apply to Creditors

On June 27, the City of New York’s new rules aimed at language access in debt collection become effective. I am often asked whether they apply to creditors as well. It appears that particular provisions of the new rules do cover creditors collecting their own debt.

Joint Industry Letter to NYCDCA Seeks Extension, Poses 25 FAQs

Yesterday ARM industry trade associations ACA, New York State Collectors Association and the Receivables Management Association International (RMAI), along with the National Creditors Bar Association and the New York State Bar Association submitted a joint letter to the New York City Department of Consumer and Worker Protection (formerly the Department of Consumer Affairs) requesting a 60-day extension to the effective date of its new language preference rules. 

Texas AG Sues Houston Business for Operating Online Auction, Alleges Price-Gouging

On March 26, the Texas attorney general acted swiftly, filing a lawsuit against Auctions Unlimited LLC over an online auction that ended on March 24. The auction sparked an article published by the Chicago Tribune entitled  “more than 750,000 masks auctioned for huge markup in Texas while hospitals run out nationwide.”