Today's Trends in Credit Regulation

Welcome to Hudson Cook Insights - a collection of articles written each month by the attorneys of Hudson Cook, LLP, in an effort to keep their clients and other compliance professionals informed about current trends and developments in consumer credit finance that will affect the way they do business.

June 2019

What's Missing? The CFPB's Notice of Proposed Rulemaking on Debt Collection Fails to Resolve a Number of Compliance Issues

By Chuck Dodge and Anastasia Caton

This article is part of a series of articles and webinars Hudson Cook will present over the coming weeks addressing the CFPB's Notice of Proposed Rulemaking on Debt Collection (the "Proposals"). While the Proposals, if adopted, would bring a welcome update to the Fair Debt Collection Practices Act's 1970s-era regulatory framework and patchwork of case law, there are a number of issues left unresolved by the Proposals. article continued

U.S. Supreme Court Sends Case Interpreting TCPA Back to Lower Court

By Michael A. Goodman

Congress enacted the Telephone Consumer Protection Act in 1992 to regulate how people communicate by phone and fax. The TCPA gave the Federal Communications Commission regulatory authority to issue rules expanding on the TCPA's statutory do's and don'ts. The FCC has exercised that authority often over the years, in rules codified in the Code of Federal Regulations and in FCC rulings that are not in the CFR. article continued

New York Student Loan Servicers Law: A Deeper Dive

By Ryan Stinneford and Thomas P. Quinn, Jr.

The May 2019 issue of Insights included discussion of a growing trend to regulate student loan servicers. Currently, there are a handful of states that impose requirements specifically on such parties. However, the ranks of these jurisdictions will grow by one in the fall of this year when the New York Student Loan Servicers Law (the "Student Loan Servicers Law" or the "Law") comes online. In this issue we will take a closer look at the Law and what it requires. article continued

So, What is Abusive Anyway?

By Nicole F. Munro

In mid-April, CFPB Director Kathleen Kraninger announced a symposia series aimed at facilitating a dialogue between the Bureau, consumers, and industry on CFPB policymaking. On June 25, 2019, the Bureau held its first symposium centered around clarifying the definition of "abusive acts and practices" under Section 1031 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"). article continued

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