Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management...more
Anti-discrimination efforts are front and center for the Consumer Financial Protection Bureau. This is evident by the interpretive rule it recently issued relating to the Equal Credit Opportunity Act (ECOA) and Regulation B....more
In its recent Special Edition of Supervisory Highlights on COVID-19 Prioritized Assessments, the Consumer Financial Protection Bureau (CFPB) summarized challenges and risks with respect to several industries it had informally...more
2/17/2021
/ CARES Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Coronavirus/COVID-19 ,
Financial Services Industry ,
Mortgage Servicers ,
Mortgages ,
Paycheck Protection Program (PPP) ,
Student Loans ,
Supervisory Highlights
The Consumer Financial Protection Bureau (CFPB) recently published compliance guidance—effective immediately—on the handling of information and documents during the transfer of a mortgage loan to a new servicer. Following...more
On May 6, 2020, a federal court granted ACA International's request for a temporary restraining order of the Massachusetts Attorney General's emergency regulations prohibiting debt collection calls and enforcement actions...more
5/12/2020
/ Commercial Speech ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
First Amendment ,
Injunctive Relief ,
Moratorium ,
State and Local Government ,
State Attorneys General ,
State of Emergency ,
Temporary Regulations ,
TRO
Hinshaw continues to monitor the deepening circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text...more
To assist consumer financial services lenders, servicers and investors, Hinshaw has developed an interactive tracker of state regulations related to the COVID-19 pandemic...more
The COVID-19 outbreak has resulted in unprecedented job loss for millions of Americans, creating economic uncertainty and challenges for loan servicers in 2020. Until the outbreak is controlled, missed payments on mortgages...more
3/27/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eviction ,
Forbearance Agreements ,
Foreclosure ,
Loan Servicing ,
Moratorium ,
Mortgages ,
Proposed Rules ,
Relief Measures ,
Student Loans ,
Tenants
We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more
2/27/2020
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
FCC ,
Prior Express Consent ,
Robocalling ,
Split of Authority ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On June 8, 2017, as we anticipated in a previous blog post, the House of Representatives voted along party lines to pass the Financial CHOICE ACT (“FCA”), which would repeal Dodd-Frank and strip the CFPB of its authority....more
What does the United States Supreme Court's decision issued earlier this week in Midland Funding, LLC v. Johnson mean for debt collectors? It means that debt collectors may file proofs of claim in a debtor's bankruptcy on...more
After a car dealership (allegedly) texted a person who listed a car for sale on Craiglist, the would be seller filed a class action suit against the dealer claiming the texts were unsolicited, made without consent, and...more
Trump's Preferred Method of Scaling Back Consumer Financial Regulation is Appointment of New CFPB Director -
As expected, the United States on Friday filed an amicus brief in PHH Corp. et al. v. Consumer Financial...more
A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class -
Cholly v. The Uptain Group., et al, 1:15-cv-05030 -
In Cholly v. The Uptain Group Inc., et al, the defendant debt...more
3/20/2017
/ Article III ,
ATDS ,
Consumer Financial Products ,
Debt Collectors ,
Debtors ,
FDCPA ,
Mootness ,
Motion To Strike ,
Spokeo v Robins ,
Standing ,
TCPA
All eyes are on the future of the CFPB as it fights for its existence in the D.C. Circuit Court of Appeals through the matter, PHH Corp. et al. v. Consumer Financial Protection Bureau. On February 16, the D.C. Circuit agreed...more
D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second -
The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v....more
11/22/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Spokeo v Robins ,
Statute of Limitations ,
Statutory Interpretation
Courts Are Giving "Standing" Teeth After Spokeo -
Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more
Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split -
Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) -
In Owens v. LVNV Funding LLC,...more
8/30/2016
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Damages ,
Debt Collectors ,
Debtors ,
Evidence ,
FDCPA ,
Foreclosure ,
Mortgage Lenders ,
Pre-Judgment Interest ,
Proof of Claims ,
Reversal ,
Split of Authority ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Tax Sales ,
TCPA
Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) -
On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a...more