Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
Posts tagged as “compliance”
Continuing with the heavy trend 2022 has seen of both federal and state regulator focus on medical debt coming on the heels of the aftermath of the COVID-19 pandemic, a bill introduced in the U.S. Senate is taking aim at the collection of medical debt.
In a pair of recent enforcement actions, the Federal Trade Commission cracked down on companies with allegedly lax data security measures that resulted in the theft of personal information of millions of consumers.
The Superintendent for the New York Department of Financial Services recently announced a consent order assessing a $4.5 million penalty against a health insurance company for violations of the DFS Cybersecurity Regulations, 23 NYCRR, Part 500.
Beginning Jan. 1, businesses operating in the District of Columbia will face new challenges under the DC Council’s new debt collection law with costly penalties in place for those who don’t comply.
The U.S. District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. Gen. Law. Ch. 93 and 93A claims, holding that a constable qualifies as a “debt collector” under the Fair Debt Collection Practices Act and a “creditor” under Mass. Gen. Laws ch. 93.
Insufficient data protection or information security can violate the prohibition against unfair acts or practices according to a circular released last week by the federal Consumer Financial Protection Bureau.
On Aug. 11, 2022, the Federal Trade Commission issued an Advance Notice of Proposed Rulemaking seeking input that will shape potential rules “to crack down on harmful commercial surveillance and lax data security.”
On July 29, 2022, the New York Department of Financial Services published pre-proposal draft amendments to its Cybersecurity Regulations, 23 NYCRR 500.00, et seq. , that if adopted will require covered entities to implement numerous policy and operational changes.
Determining whether your business engages in activities that can trigger coverage is discussed by the Federal Trade Commission in just released guidance entitled “FTC Safeguards Rule: What Your Business Needs to Know.” The Rule applies to many businesses beyond the scope of what are commonly understood to be “financial institutions” and has implications for service providers to covered entities.
A New York federal judge on April 28 temporarily enjoined three New York sheriffs from refusing to enforce judgment executions which seek to collect judgment interest “calculated with the interest rate in effect at the time the judgment was obtained.”
Medical debt continues to dominate the headlines in 2022 and continues to be an area of significant focus for the Consumer Financial Protection Bureau.