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Brief Re Criminal Justice Debt (Champagne v. v. Linebarger Goggan Blair & Sampson, L.L.P., 4:20-cv-00275-SMR-SBJ (S.D. Iowa Mar. 18, 2022))

This is the consumers' reply to the defendant's objection to the consumers' request for attorney fees.  The settled case involved a law firm's use of allegedly unfair debt collection practices when it sought to recover its appointed counsel fees from the indigent defendants it was representing in criminal cases.  Among other reasons why the consumers argued for the court to award them significant attorney fees was the novelty of the case.  The consumers raised claims under the Fair Debt Collection Practices Act (FDCPA) and civil rights statutes, and the reply goes i

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Executive Summary of the October 2020 Final Rule (Oct. 2020)

On October 30, 2020, the CFPB issued a final Regulation F implementing the Fair Debt Collection Practices Act (FDCPA). Regulation F is available at https://www.consumerfinance.gov/rules-policy/finalrules/debt-collection-practices-regulation-f/. The Regulation will become effective one year after publication in the Federal Register.

Regulation F Supplemental Proposal on Time-Barred Debt, 85 Fed. Reg. 12672 (Mar. 3, 2020)

On May 21, 2019, the Bureau published in the Federal Register a proposed rule (May 2019 Proposed Rule) that would prescribe Federal rules governing the activities of debt collectors, as that term is defined in the FDCPA. This proposal supplements the May 2019 Proposed Rule by proposing to require debt collectors to make certain disclosures when collecting time-barred debts.

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Fast Facts for Supplemental Regulation F Debt Collection Proposal on Time-Barred Debt (Mar. 2020)

On May 7, 2019, the CFPB issued a proposal (the May 2019 Proposed Rule) to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The May 2019 Proposed Rule was published in the Federal Register on May 21, 2019 and would prescribe federal rules governing the activities of debt collectors, as that term is defined in the FDCPA. The supplemental proposal on time-barred debt supplements the May 2019 Proposed Rule by adding a proposed §1006.26(c), as well as a related provision of §1006.34(c), Model Forms, and Official Interpretations.

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Disclosure of Time-Barred Debt and Revival: Findings from the CFPB’s Quantitative Disclosure Testing (Feb. 2020)

This report presents the results of a large-scale online survey experiment designed to test several versions of Regulation F proposed disclosures to support the understanding of time-barred debt and revival. These data were collected by ICF International on behalf of the CFPB between May 2019 and September 2019. ICF International produced a detailed report, available at this link, on its methodology, including sampling, response rates, and question development.