By: Shaun Ertischek, Esq., Chief Compliance Officer and General Counsel
As calendar year 2025 gets into full swing, the accounts receivable management and medical debt collection industries continue to be very active subjects of regulation, legislation, and litigation.
The most notable change is the deregulatory climate on the federal level and changes at the governmental agency which regulates consumer protection in the financial sector – the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”). The new presidential administration fired CFPB Director Rohit Chopra and, on January 31, appointed Treasury Secretary Scott Bessent as its Acting Director. He proceeded to pause all rulemaking and enforcement activity at the Bureau.
On February 7, President Trump subsequently appointed Russell Vought, Director of the Office of Management and Budget (OMB), to be the CFPB’s new Acting Director. Acting Director Vought then instructed CFPB employees to cease all supervision, investigations, enforcement, rulemaking, and stakeholder activities. Among other things, he announced an intention to lay off employees and return the agency’s funding to the Federal Reserve. These efforts were temporarily blocked in U.S. District Court for the District of Columbia and continue to be the subject of litigation.
On February 11, President Trump nominated Jonathan McKernan, who served on the Federal Deposit Insurance Corporation (FDIC) board, to be the new permanent Director of the CFPB. Senate hearings on his nomination are expected to commence soon.
Additionally, there are multiple lawsuits pending against the CFPB related to its medical debt advisory opinion and its medical debt credit reporting rule. The U.S. District Court for the Eastern District of Texas granted a preliminary injunction which stayed the credit reporting rule from becoming effective until at least June 15, 2025. There is a chance that the CFPB could formally pull back the rule before further action takes place in the litigation. Congress may also strike down the agency rule through the Congressional Review Act. In fact, there is presently a campaign to urge leaders from the Senate Banking Committee and House Financial Services Committee to support a Congressional Review Act resolution to overturn the CFPB’s medical debt credit reporting rule. Moreover, there is other legislation to limit the CFPB being introduced in both the House and Senate.
State legislatures and regulatory agencies in several states have signaled that they may pick up the mantle from the CFPB, due to a lack of federal involvement, to further regulate medical debt credit reporting and debt collection activities in their respective states.
Nevertheless, Cascade365 continues to strengthen its compliance management system. It is in the process of implementing a new compliance scorecard for its outsourced collection network and recently released Kind Systems™ 2.0, an upgraded version of its proprietary compliance interface platform which tracks licensing, insurance, complaints, and lawsuits, which now has a new onboarding and audit module included.
This year will certainly be a noteworthy one for our industry and Cascade365 continues to stay on top of all legal and compliance developments to ensure a best-in-class experience for our clients, consumers, patients, and vendors alike.