| In this issue, we highlight last week's D.C. Circuit hearing on two cases arising from federal agency administrative adjudication; discuss ringless voicemail technology that telemarketers and debt collectors have begun using without placing a traditional call; and take a look at a recent FTC case targeting the student loan market. You will also find a list of upcoming industry events you may be interested in attending. | |
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D.C. Circuit Hears Constitutional Arguments on SEC ALJs and CFPB's Structure The D.C. Circuit heard oral arguments on May 24 in two cases arising from federal agency administrative adjudication, PHH Corp. v. CFPB and Lucia v. SEC, in which the court had granted en banc review. These cases have the potential to alter the agencies' approach to enforcement actions and the use of the administrative forum. For the CFPB, fundamental constitutional issues regarding the Bureau's structure were the center of attention. |
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"Ringless Voicemail" Petition at FCC: Another Factor to Consider in TCPA Compliance Debt collectors and telemarketers often face TCPA allegations – meritorious or not. For debt collectors, this is true even though debt collection calls are subject only to the "prior express consent" standard rather than the more strict, "prior express written consent" standard, applicable to other prerecorded calls to mobile phones. However, telemarketers and debt collectors alike have begun to use ringless voicemail technology to leave voicemail messages on phones without placing a traditional call. |
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FTC Targets Student Loan Market Lots of folks have been wondering whether, because of a shortage of commissioners and a new administration in the White House, school is out at the FTC, write Venable attorneys Len Gordon and Alexandra Megaris in a recent blog post. However, a recent case involving the telemarketing of student loan debt relief services makes it clear that, at least in certain areas, school is still in session. |
| UPCOMING EVENTS | |
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June 7, 2017: What's Changing in the Regulatory Environment? Hear From Your Federal and State Regulators at COMPLY2017 – The RegTech and Compliance Conference. Join Venable and other leading professionals interested in compliance, education, marketing and RegTech solutions. Save $100 off your registration with the discount code VENABLEVIP. July 17, 2017: Regulatory Compliance in an Evolving Legal Landscape at the ACA International 2017 Convention and Expo. | |
D.C. Circuit hears arguments on SEC ALJs and CFPB's structure, "ringless voicemail" and TCPA compliance, and more in this issue of Consumer Financial Services Practice Digest
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