Approximately one year ago, the United States Supreme Court in AT&T Mobility LLC v. Concepcion, upheld forced arbitration clauses and prohibited consumers from pursuing many claims in class action lawsuits. A recent article finds that consumers are disadvantaged by forced arbitration clauses. Companies, not consumers, benefit when disputes are arbitrated rather than litigated and decided by a judge or jury. […]
Representative Barney Frank (D-Mass.) recently introduced H.R. 4101 (112th Congress, Second Session) entitled the “Fair Debt Collection Practices Clarification Act of 2012”, to the House Committee on Financial Services. The proposed Act would alter the Fair Debt Collection Practices Act (FDCPA) and permit debt collectors to leave voicemails and messages on answering machines, which is currently permitted only if the debt collectors provides certain information, which itself can cause a FDCPA violation. The proposed Act would require the Consumer Financial Protection Bureau (CFPB) to set forth regulations regarding these messages. In addition, H.R. 4101 would limit the ability of a debt collector’s use of arbitration to settle a dispute. […]
The Consumer Financial Protection Bureau (CFPB) – Will It Be Better for Consumers or Debt Collectors?
Consumers will hopefully receive more protection from the new Consumer Financial Protection Bureau (CFPB), which was created as a part of the Dodd–Frank Wall Street Reform and Consumer Protection Act (http://www.govtrack.us/congress/bill.xpd?bill=h111-4173) has recently opened its doors. The new Consumer Financial Protection Bureau (CFPB) is assuming responsibility for rules and regulating the business of debt collection that the Federal Trade Commission (FTC) had been primarily handling. […]