Section 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”) prohibits the use of any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by mail. The purpose of that prohibition is to protect the debtor’s privacy and avoid disclosing to anyone who might see the envelope
Rising Conflict Among Federal Courts – Whether an Account Number Visible on a Debt Collection Envelope Violates the FDCPA
Section 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”) prohibits the use of any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by mail. The purpose of that prohibition is to protect the debtor’s privacy and avoid disclosing to anyone who might see the envelope
Possible Life Sentence in Salmonella Case Raises Stakes for Food and Beverage Industry Compliance
Last week, federal prosecutors in Georgia filed papers supporting the local probation office’s U.S. Sentencing Guidelines calculation calling for a sentence of life in prison for Stewart Parnell, the one-time CEO of Peanut Corporation of America (PCA), for his role in a salmonella outbreak. The case is a cautionary reminder for the food and beverage
SEC’s Whistleblower Program Awards Over $3 million to Company Insider
On Friday, July 17, t
he Securities and Exchange Commission (SEC) announced that it will award more than $3 million to a company insider who helped the SEC “crack a complex fraud.”
The SEC’s whistleblower program was adopted under the Dodd-Frank Act of 2010. It rewards high-quality, original information that results in enforcement actions exceeding
Defining a Legitimate Scope for the Federalization of Business Crime
The Washington Times published an article titled “Defining a Legitimate Scope for the Federalization of Business Crime” by Washington partner George Terwilliger, assisted by Richmond associate Katherine Mims Crocker, about the proper role of federal policing and prosecutorial authority, and how it exceeds the limited role the U.S. Constitution prescribes for it.
The Fourth Circuit Expands the Implied Certification Theory to Anti-Retaliation Claims
On January 8, 2015, the Fourth Circuit determined that, amid a circuit split, the “implied certification” theory of liability under the False Claims Act (“FCA”) was viable in the Fourth Circuit. United States v. Triple Canopy, Inc., 775 F.3d 628, 635 n.3 (4th Cir. 2015) (“contractual implied certification claims can be viable under the FCA
Broker-Dealer Audits: PCAOB Disciplinary Orders and Extraordinary Cooperation Credit
Despite a d
ecreased budget in 2015, Public Company Accounting Oversight Board (PCAOB) Chairman James R. Doty believed there would be enough resources to continue with the PCAOB’s strategic plan to serve as the oversight body Congress envisioned. As we reported back in February, Doty noted that the 2015 budget would allow for 75
CFPB Drives Action Against Auto-Finance Company
Putting the brakes on what it viewed as aggressive debt-collection tactics, the Consumer Financial Protection Bureau (CFPB) filed suit in Ohio federal court on June 17, 2015, against Security National Automotive Acceptance Company LLC (SNAAC) for several violations of the Consumer Financial Protection Act of 2010 (CFPA), specifically pertaining to Sections 1031 &
CFPB Asserts Sweeping RESPA Enforcement Authority In First Appellate Decision
In a decision asserting broad authority for the CFPB and which is certain to set the tone for future CFPB appellate rulings, Bureau director Richard Cordray recently issued the Bureau’s first decision from an appeal of a Bureau administrative enforcement action. The decision, issued June 4, generally affirmed a 2014 Administrative Law Judge (ALJ) decision
With Rule-Making Expected, CFPB’s March 2015 Arbitration Study Continues to Draw Attention
I
n a recent letter, 58 members of Congress asked the Consumer Financial Protection Bureau (CFPB) to exercise its rule-making authority and ban mandatory arbitration provisions in consumer financial agreements. In support of their request, the authors cite the CFPB’s March 2015 internal study on arbitration, which the CFPB conducted pursuant to Section 1028