In February 2019, Alston & Bird Partner Nanci Weissgold and Senior Associate Anoush Garakani, wrote an article published in “Mortgage Compliance Magazine,” in anticipation of the Consumer Financial Protection Bureau’s (“CFPB”) recent Proposed Rule implementing the FDCPA. The article brings to the attention of the mortgage servicing industry the complex issues faced when applying the Fair Debt Collection Practices Act (“FDCPA”) to modern debt collection practices and the labyrinth of additional requirements created by state collection agency laws.
The article explores updates on recent court cases addressing the scope of the federal FDCPA as well as a refresher on state collection agency laws. The article highlights the inconsistent state collection agency laws across the country and discusses several important questions that mortgage servicers should consider in applying these laws to their mortgage servicing activities.
The article can be found here on our website.