Caren D.
Enloe

Partner

Smith Debnam Experienced Lawyers in Raleigh, NC
4601 Six Forks Road
Suite 400
Raleigh, NC 27609

Caren defends consumer financial service providers and members of the collection industry in state and federal court and in regulatory matters involving a variety of consumer protection laws. Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues, including the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Truth in Lending Act, Consumer Leasing Act, Gramm Leach Bliley Act, Equal Credit Opportunity Act, Electronic Funds Transfer Act, Telephone Consumer Protection Act and Fair Debt Collection Practices Act. Caren has appeared as counsel in North Carolina’s state and federal trial courts and the North Carolina Court of Appeals, North Carolina Supreme Court, South Carolina Court of Appeals, and Fourth Circuit. Caren additionally assists her collection agency clients with regulatory matters involving the North Carolina Department of Insurance.

Caren uses her more than thirty years of litigation experience in her compliance practice to help industry members assess and mitigate risk. Her compliance experience includes letter audits, assessing fintech products for compliance with federal and state consumer finance laws and regulations, assisting industry members with submitting comments regarding federal rulemaking, and developing compliance management systems, policies and procedures to mitigate the risk of violations of federal and state consumer finance laws and regulations. Most recently, Caren has been involved with consulting industry members regarding the CFPB’s Final Debt Collection Rulemaking, Regulation F.

Caren represents a number of clients who finance and lease agricultural and heavy equipment both in state court and in bankruptcy court. She represents secured creditors and lease creditors in protecting their rights in cases and adversary proceedings under Chapters 7, 11, 12, and 13. She also has extensive experience defending the collection and credit industries in adversary proceedings involving consumer protection violations and sanctions motions.

Caren is an active and well-known industry thought leader. She is the immediate past chair of the Debt Collection and Bankruptcy Subcommittee for the American Bar Association’s Consumer Finance Law Committee, the immediate past chair of ACA International’s Visionaries Committee, and a former co-chair of the National Creditor Bar Association’s Bankruptcy Section. Caren currently serves as a member of the Conference on Consumer Finance Law’s Governing Committee. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren is listed in North Carolina Super Lawyers, an independent rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Caren’s articles on consumer finance have been published in several publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report, The Business Lawyer, Conference on Consumer Finance Law Quarterly, and Carolina Banker.

Proven Record of Excellence

My Credentials

Admissions

State Bar of North Carolina, 1990
U.S. District Courts for the Eastern, Middle and Western District of North Carolina
U.S. Court of Appeals for the Fourth Circuit
US Supreme Court

Education

J.D., cum laude, Campbell University School of Law, 1990
B.A. and B.M., Appalachian State University, 1986

Professional Affiliations

American Bar Association (Member, Business Law & Litigation Sections; Chair Debt Collection Practices and Bankruptcy Subcommittee)
Conference on Consumer Finance Law (Member, Governing Committee)
National Creditors Bar Association (Co-chair Bankruptcy Committee; member, Defense Bar)
ACA International (Member Attorney’s Program, North Carolina Chair, 2007-present; Vice-Chair, Women in Collections Resource Council)
North Carolina Bankers Association (Member, Bank Counsel Committee)
North Carolina Bar Association (former member of the Executive Council for the Young Lawyers Division and current Member of the Bankruptcy & Litigation Sections)
North Carolina Creditor’s Bar Association (former Secretary and former Co-Chair of Educational Committee)
Wake County Bar Association (Member)

Awards & Recognition

Listed among the 20 Most Powerful Women in Collections (2018)
Listed among North Carolina Super Lawyers (2016-present)
Listed among North Carolina Legal Elite (2017, 2020)
Listed among Best Lawyers in America – Since 2024

Published Articles

Compliance Commentary published on Pistone v. Client Services – Judge Grants MTD in FDCPA Case Over Multiple Addresses in Letter – (Compliance Digest June 5, 2023)
Co-Author, Should Debt Collectors and Credit Furnishers Keep It in the Middle of the Road? Collateral Challenges to the Legal Validity of the Debt May Lead to Liability for Both Furnishers of Credit Information and for Debt Collectors (Consumer Finance Law Quarterly Report, Vol. 76, Nos. 1-2, May 2023)
Appeals Court Affirms Dismissal of FDCPA Class Action Over Issues With Letter, Compliance Digest, February 2023)
Compliance Commentary published on Snyder v. Finley & Co., Compliance Digest (June 2022)
The Changing Landscape for Collection Agencies, Cornerstone Companion (June 2022)
Coauthor, The Debt Collection Rule, 77 The Business Lawyer 557 (Spring 2022)
Crucial Conversations, Carolina Banker (Winter 2021)
Dude, Where’s My Car? The Supreme Court Takes on the Battle Between Sections 362 and 542 of the Bankruptcy Code, ___ Consumer Finance Law Quarterly Report ____ (Winter 2021)
The Final Countdown to the Effective Date: Ten Tips for a Smooth Implementation, Cornerstone Companion (November 2021)
Reconciling the “Rule” Requirements with State Requirements, Cornerstone Companion (Oct. 13, 2021).
Coauthor, Foreclosure in the Time of COVID, Carolina Banker (Fall 2021)
The Debt Collection Rule: Communications, Disclosures and the Other Changes You Need to Know, American Bar Association Consumer Financial Services Newsletter (Sept. 2021)
Crucial Conversations for a Smooth Transition to Reg. F, Cornerstone Companion (September 2021)
Will Hunstein Require a Reset? Cornerstone Companion (May 2021)
Finding Shelter in the Storm, Cornerstone Companion (Apr. 19, 2021)
Adjusting Procedures for Deceased Consumers, Cornerstone Companion (Mar. 2021)
Avoiding the Traps of Debt Validation Notices, Cornerstone Companion (Feb. 2021)
Dissecting the Final Debt Collection Rule: What You Need to Know Cornerstone Companion (Jan. 2021)
The CFPB Cleans Up Loose Ends and Takes on Debt Validation in Part 2 of the Debt Collection Rule, 40 Banking and Financial Services Policy Report No. 1 (Jan. 2021)
The Final Debt Collection Rule is Here – Sort Of, 39 Banking and Financial Services Policy Report No. 12 (Dec. 2020)
The Final Debt Collection Rule is Here and Focuses on Communication Methods – Here’s What You Need to Know Cornerstone Companion (Dec. 2020)
Coauthor, The CFPB’s Debt Collection Rule and Communications: What Bankers Need to Know Carolina Banker (Fall 2020)
Coauthor, The CFPB’s Debt Collection Rule: What Bankers Need to Know, Carolina Banker (Summer 2020)
Coauthor, The Proposed Debt Collection Rule, 75 The Business Lawyer 1983 (Spring 2020)
Coauthor, Changes May be Coming: The Supreme Court Looks at Nonjudicial Foreclosures, Carolina Banker (Spring 2019)
How Would Kavanaugh Impact the Debt Collection Industry, Minnesota Lawyer (Aug 2018), available at minnlawyer.com/partner-content/page/2
Trips & Traps: North Carolina’s Debt Collection Act and the Compliance Tips to Keep Banks Out of Trouble, Carolina Banker (Spring 2018)
When is Safe Harbor Language Not a Safe Harbor? Cornerstone Companion (Jul. 2017)
What Mortgage Servicers Need to Know: CFPB Enters into Consent Orders with Citibank Subsidiaries over Mortgage Servicing Practices, Carolina Banker (Spring 2017)
Who can Sue under the FDCPA? Sixth Circuit Expands Standing (Journal of Taxation and Regulation of Financial Institutions, Vol. 29 No. 2)
Consent Orders Focus on Deceptive Advertising Practices: What You Need to Know (Banking and Financial Services Policy Report, Vol. 37, No. 3)
What Mortgage Servicers Need to Know: CFPB Enters into Consent Orders with Citibank Subsidiaries over Mortgage Servicing Practices (Carolina Banker, Spring 2017)
A Primer to the CFPB Proposed Payday Rule: What You Need to Know (California State Bar Business Law News, Issue 3 2016)

Blog

Consumer Financial Services Litigation and Compliance, Managing Editor and Primary Contributor

My Practices & Services

Creditors’ Rights

Litigation

Transactional & Advisory Services

Consumer Financial Services Compliance

My Experience

Portfolio Recovery Assocs., LLC v. Campney, 441 S.C. 36, 892 S.E.2d 321 (Ct. App. 2023)
Inv. Foreign Shares, LLC v. McCollum, 638 F. Supp. 3d 595 (W.D.N.C. 2022)
Jones v. City Plaza, LLC, No. 1:19CV924, 2020 U.S. Dist. LEXIS 75140 (M.D.N.C. Apr. 29, 2020)
In re K & J Farms, LLC, 2020 Bankr. LEXIS 2736 (Bankr. E.D.N.C. Oct. 1, 2020)
Townes v. Portfolio Recovery Associates, 854 S.E.2d 146 (2020)
Jones v. City Plaza, LLC, 2020 U.S. Dist. LEXIS 75140 (M.D.N.C. Apr. 29, 2020)
Discover Bank v. Rogers, 836 S.E.2d 346 (2019)
Cascade Capital, LLC v. DRS Processing LLC, 2019 U.S. Dist. LEXIS 18386 (W.D.N.C. 2019)
Cavin v. Smith Debnam Narron Drake Saintsing & Myers, LLP 2019 U.S. Dist. LEXIS 151775 (M.D.N.C. 2019)
Spencer v. Portfolio Recovery Assocs., LLC, 822 S.E. 2d (2019)
Winans v. Franklin Collection Serv., 2018 U.S. Dist. LEXIS 138709 (M.D.N.C. 2018)
CNH Indust. Capital Am. V. Able Contr., 2017 U.S. Dist. LEXIS 160487 (D.S.C. 2017)
Ross v. J.D. Byrider Sys., 2016 U.S. Dist. LEXIS 74634 (W.D.N.C. 2016), aff’d 2016 U.S. App. LEXIS 16998 (4^th Cir. 2016)
Viccione v. Bay Area Credit Serv., 2014 U.S. Dist. LEXIS 169982 (M.D.N.C. 2014)
Angell v. Meherrin Agric. & Chem Co., 2013 Bankr. LEXIS 1849 (E.D. Bankr. 2013)
Cox v. Credit Control Servs., 2013 U.S. Dist. LEXIS 60770 (W.D.N.C. 2013)
Gainey v. Alliance One Receivables Management, Inc., 2012 U.S. Dist. LEXIS 138933 (W.D.N.C. 2012)
Portfolio Recovery Associates v. Freeman, 216 N.C. App. 43, 717 S.E.2d 43 (2012)
Buck v. Franklin Collection Serv., 2011 Bankr. LEXIS 4596 (2011)
Jenkins v. Genesis Fin. Solutions, LLC, 456 B.R. 236 (2011)
Advantage Assets, Inc. II v. Howell, 190 N.C. App. 443, 663 S.E.2d 8 (2008)
Estate of Shelia Williams-Moore v. Alliance One Receivables Management, Inc., et al. 2004 U.S. Dist. LEXIS 19075, aff’d, 335 F. Supp. 2d 636 (M.D.N.C. 2004)
Stafford v. Discover Bank, 2004 U.S. Dist. LEXIS 26295 (M.D.N.C. 2004)
Martin Architectural Products v. Meridian Construction Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002)
Coastal Leasing Corporation v. T Bar S Corp., 128 N.C. App. 379; 496 S.E.2d 795 (1998)
Barclays Bank PLC v. Johnson, 129 N.C. App. 370; 499 S.E.2d 768 (1998)
In Re Alexander Scott Homes, 1996 U.S. Dist. LEXIS 10121 (M.D.N.C. 1996)

Articles

Will Hunstein Require a Reset, Debt Collection Rule

Transactional & Advisory Services

Podcasts

DO’s and DON’Ts for Filing Proofs of Claim in Bankruptcy

Litigation

Publications

Creditors’ Rights

Speaker Engagements

Panelist, What the Least Sophisticated Consumer is Expected to Know and Not Know (Accountsrecovery.net, 8/20/24)
Speaker, Debt Collection Trends (Federal Bar Association, 2.27.24)
Panelist, How to Know When a Case is a “Bet the Company” Case (Accountsrecovery.net, 2/14/24)
Moderator, Impacts on Debt Collection When Federal and State Law Collide: A discussion of Federal Preemption (ABA Business Law Section Fall Meeting, September 2023)
Panelist, LGBTQ Issues in Debt Collection (ACA International Annual Convention and Expo, 7/26/23)
Panelist, The Pros and Cons Altering the Model Validation Notice (Accountsrecovery.net, 6/2/23)
Panelist, Appraisal Bias (Conference on Consumer Finance Law, 5/18/23)
Panelist, Diverging Definitions for the Least Sophisticated Consumer (Accountsrecovery.net, 4/4/23)
Panelist, First Quarter FDCPA Litigation Updates (Accountsrecovery.net, 3/9/23
Panelist, What Defines Harassment Under the FDCPA? (Accountsrecovery.net, 2/28/23)
Speaker, What’s Your Super Power? (ACA Networking Event, 2/9/23)
Panelist, What Aspects of Regulation F Do You Have to Comply With? (Accountsrecovery.net, 12/2/22)
Speaker, Top Issues Facing Today’s Debt Collectors (Federal Bar Association Webinar, 11/12/22)
Speaker, Implications of Townes Decision and What’s Next (North Carolina Creditors Bar Association, 11/8/22)
Panelist, Hunstein Rulings Being Pushed to State Court (Accountsrecovery.net, 11/1/22)
Speaker, Pink Flamingos, or Do Plaintiffs Have a Leg to Stand on Following TransUnion v. Ramirez? (National Creditors Bar Association, Tampa FL, 10/28/22)
Speaker, Ipso Facto Liability and the FDCPA and FCRA (Conference on Consumer Finance Law, Plano TX, 10/20/22)
Panelist, Regulatory Priorities and Informal Rulemaking (AccountsRecovery.net, 10/11/22)
Speaker, Expansion of Discrimination as a Regulatory Priority (NC Bankers Fall Fusion Conference, Raleigh NC, 9/19/22)
Moderator, Debt Collection Trends and Regulations (ABA Fall Business Meeting, Washington D.C., 9/17/22)
Speaker, Hunstein Roundtable (ABA Business Law Section Fall Meeting, 9/16/22)
Panelist, Legal and Compliance Trends (AccountsRecovery.net, 9/1/22)
Panelist, State Court vs. Federal Court – Where Do You Want to Be? (AccountsRecovery.net, 8/3/22
Panelist, What’s Risky and Not Risky in Today’s Legal Landscape (AccountsRecovery.net, 7/14/22)
Panelist, CFPB Advisory Opinion on ECOA and implications for Debt Collection Industry (6/7/22)
Panelist and Moderator, The 11^th Commandment: Thou Shalt Arbitrate (5/6: National Creditors Bar Association Spring Meeting, 5/6/22)
Panelist, ID Theft Best Practices for Industry (AccountsRecovery.net, 3/16/22)
Panelist, Surprise! No Surprise Act and its Impact for Debt Collectors (ACA International, 3/10/22)
Panelist, The Debate Over Handling Paid-in-Full Credit (AccountsRecovery.net, 2/3/22)
Panelist, Creating a Culture of Compliance (1/21/22, AccountsRecovery.net)
Speaker, The Debt Collection Rule: What You Need to Know (Federal Bar Association, 12/8/21)
Panelist, How Many Types of Letters Do You Need? (11/4/21, AccountsRecovery.net)
Panelist, The Hunstein Effect (10/22/21, Virginia Creditors Bar Association)
Panelist, How Regulation F and State Laws Work Together ( 10/7/21, AccountsRecovery.net)
Panelist, How Regulation F and the FDCPA Will Work Together (AccountsRecovery.net, 9/14/21)
Panelist, Making the Decision to Go Legal: How to Know When to File Collection Lawsuits (AccountRecovery.net, 8/19/21)
Co-Presenter, Developments in Student Loan Dischargeability (ACA International Huddle, 8/18/21)
Panelist, All The Hidden Problems in Regulation F (AccountRecovery.net, 7.15.21)
Panelist, Where Should You Be in Your Reg F Compliance Process (AccountRecovery.net, 6/10/21)
Panelist, Can I Use My Current Company Name When Leaving an LCM? (AccountRecovery.Net, 5/19/21)
Panelist, Assessing Your Legal Risks, post-Hunstein (Account Recovery.net, 5/18/21)
Panelist, The Debt Collection Rule: What You Need to Know (Ohio Creditors Attorneys Association, 5/14/21)
Moderator, CFSC Roundtable: Facebook v. Duguid (ABA Business Law Spring Meeting, 4/23/21)
Panelist, The Debt Collection Rule: Communications, Disclosure, and the Changes You Need to Know (ABA Business Law Spring Meeting, 4/19/21)
Panelist, Why Regulation F is Going to Result Bona Fide Error Defense and How It’s Applied in the Debt Collection Rule (AccountRecovery.net, Mar. 23, 2021)
Panelist, Debt Collection Symposium, (Conference on Consumer Finance Law, Mar. 11, 2021)
Keynote Speaker, North Carolina Creditors Bar Association Winter Symposium (Feb. 18, 2021)
Panelist, Part II of the CFPB Final Rule (National Creditors Bar Association, Jan. 14, 2021)
Panelist, A Primer on the Panelist, An Overview of Licensing Changes and Requirements for 2021 (AccountRecovery.net, Jan. 7, 2021)
Panelist, Operating without Debt Collection Licenses (AccountRecovery.net, Dec. 15, 2020)
Panelist, Proposed Debt Collection Rules: What Banks Need to Know (North Carolina Bankers Association, Oct. 27, 2020)
Panelist, Meaningful Attorney Involvement (National Creditors Bar Association, Oct. 22, 2020)
Panelist, Trends in Debt Collection (AFSA, Oct. 6, 2020)
Moderator, The Battle Between the Turnover and Automatic Stay Provisions of the Bankruptcy Code (American Bar Association Fall Business Law Meeting, Sept. 21, 2020)
Panelist, Bankruptcy Hot Topics (National Creditors Bar Association, Aug. 19, 2020)
Panelist, Take Your Time, Do it Right – Credit Reporting Issues (ACA International, Jul. 16, 2020)
Debt Collection Rule and its Potential First Party Impacts (NC Creditors Bar Association, Feb. 28, 2020)
Panelist, Debt Collection Trends (AFSA, Jan. 22, 2020)
Panelist, The Proposed Debt Collection Rule (Conference on Consumer Finance Law, November 8, 2019)
Moderator, The Proposed Debt Collection Rule (North Carolina Creditors Bar Association, June 21, 2019)
The Proposed Debt Collection Rule (American Bar Association, September 13, 2019)
Financial Institutions Operating in an Increasingly Fintech World (North Carolina Bankers Association, May 30, 2019)
Panelist, Banking in the Face of a Natural Disaster (American Bar Association, Mar. 29, 2019)
Moderator, Foreclosure and the FDCPA: The Obduskey Decision (American Bar Association Spring Business Law Meeting, Mar. 20, 2019)
Speaker, Developments in Consumer Financial Services: A Look Back at 2018 and Forward to 2019 (North Carolina Creditors Bar Association, Feb. 22, 2019)