Debt Collection

CBA responded to the CFPB’s Advanced Notice of Proposed Rulemaking (ANPR) on debt collections. In its notice, the Bureau cites it is the first agency with the authority to issue substantive rules under the Fair Debt Collection Practices Act (FDCPA), a law governing the practices of third-party collectors and debt buyers. The Bureau may address first-party debt collection activities under its unfair, deceptive and abusive practices (UDAAP) authority. The ANPR is the Bureau’s initial step towards issuing new rules regulating the relationship between creditors, third-party debt collectors and consumers.
  • August 16, 2017
    Download “Collect More, Spend Less: An ROI Guide to Collecting Through Digital Channels” If your collections strategy is limited to predictive dialing, you could be wasting $4-$7 on each contact—and it’s not just because people are hanging up or not answering. Predictive dialers alone fail big because 93% of consumers prefer alternative channels such as email and text. By using more sophisticated...
  • August 16, 2017
    The CFPB released two report this week outlining challenges with student loan repayment and repayment programs. The first report, entitled “ CFPB Data Point: Student Loan Repayment ,” found nearly half of student loan borrowers leave school owing at least $20,000 – double the share of borrowers a decade ago. The Bureau also found more borrowers are taking out student loans later in life, and...
  • August 4, 2017
    August 4, 2017 By electronic delivery to: www.regulations.gov Darrin King Paperwork Reduction Act Officer Consumer Financial Protection Bureau 1275 First Street, N.E. Washington, D.C. 20002 RE: Information Collection Activities: Common Request [Docket No: CFPB-2017-0013] Dear Mr. King: The Consumer Bankers Association (“CBA”) [1] appreciates the opportunity to respond to the Consumer Financial...
  • August 1, 2017
    Banks have invested billions of dollars into digital servicing capabilities in recent years. Yet, less investment and change has occurred within Collections and Default Management – outbound phone-based dialing and written communications are still the dominant strategies when customers become delinquent. There’s change on the horizon. Significant shifts in customer expectations, technology, and...
  • June 22, 2017
    On Thursday, June 22, 2017, the CFPB held an event in Raleigh, N.C. outlining its work with student loan debt, specifically public student loan forgiveness programs. The CFPB released a report spotlighting complaints from borrowers about student loan servicers mishandling public student loan forgiveness programs. The report indicated servicers delayed or denied access to loan forgiveness through...
  • June 12, 2017
    The right decisioning vendor can mean the difference between mediocrity and success. Wondering how to identify and choose the best vendor for your unique needs? Check out the Zoot Guide to Choosing a Decisioning Vendor for actionable insights into the selection process. Please click link to access, A Zoot Guide: How to Choose the Right Decisioning Vendor .
  • June 12, 2017
    On Monday, June 12, 2017, the Supreme Court issued its decision in Henson v. Santander . In a unanimous decision written by Justice Neil Gorsuch, the Court unanimously affirmed the Fourth Circuit decision, the result CBA’s joint-trade amicus brief urged. In particular, the Court held a company may collect debts it purchased for its own ac­count, as Santander did, without triggering the statutory...
  • June 8, 2017
    On Thursday, June 8, 2017, CBA and the Financial Services Roundtable submitted a joint comment letter in response the CFPB’s request for information on the state of the consumer credit market. The CFPB is required under the Credit Card Accountability Responsibility and Disclosure Act (CARD Act) of 2009 to conduct a review of this market on a biennial basis. In our letter, the Associations...
  • April 27, 2017
    On Thursday, April 27, 2017, the CFPB took action against four online lenders – Golden Valley Lending, Inc., Silver Cloud Financial, Inc., Mountain Summit Financial, Inc., and Majestic Lake Financial, Inc. – for allegedly deceiving consumers by collecting debt not legally owed. In a suit filed in federal court, the CFPB alleged the four lenders could not legally collect on these debts because the...
  • April 26, 2017
    On Wednesday, April 26, 2017, the CFPB announced it had entered into a consent order with Security National Automotive Acceptance Company (SNAAC), which had been subject to a previous Bureau enforcement action. In the first order, the Bureau alleged the company engaged in deceptive collection practices against servicemember borrowers who had obtained loans to purchase used vehicles. These...

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