The COVID-19 pandemic's impact on medical debt has spurred the Consumer Financial Protection Bureau into action, particularly as it relates to the credit reporting of medical debt. Since 2020, the CFPB has received a steadily...more
In Woods v. LVNV Funding, LLC, — F. 4th — (2022), the Seventh Circuit Court of Appeals affirmed the dismissal of FDCPA and FCRA claims based upon the defendants’ collection and reporting of a fraudulently opened account....more
On May 13, 2021, the U.S. House of Representatives passed H.R. 2547 (the “Comprehensive Debt Collection Improvement Act” or “CDCIA”). Originally introduced by House Financial Services Chairwoman Maxine Waters, the CDCIA’s...more
Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt...more
12/7/2020
/ Child Support ,
Consumer Financial Products ,
Consumer Lenders ,
Coronavirus/COVID-19 ,
Debt Collection ,
Eviction ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Infectious Diseases ,
Moratorium ,
Popular
On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against...more
5/11/2020
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
Enforcement Actions ,
Free Speech ,
Moratorium ,
Separation of Powers ,
State Attorneys General ,
TRO ,
UDAP ,
Unfair or Deceptive Trade Practices
In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more
The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that consent provided in a contract as part of a...more
8/15/2018
/ ATDS ,
Consent ,
Consumer Financial Contracts ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Dish Network ,
Financial Services Industry ,
Revocation ,
Summary Judgment ,
TCPA
In a case of first impression, the Eleventh Circuit recently held that a voicemail constitutes a “communication” under the FDCPA, and can thus trigger the mini-Miranda requirement, but an individual collecting on behalf of a...more
9/27/2017
/ Appeals ,
Corporate Counsel ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Financial Services Industry ,
Miranda Warnings ,
Motion to Dismiss ,
Required Communications ,
Third-Party Service Provider ,
Voicemail
The West Virginia Senate Judiciary Committee and the West Virginia Senate recently approved amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), West Virginia Code §§ 46A-1-101 et seq, which was last...more
The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more
1/28/2016
/ Anti-Retaliation Provisions ,
CARD Act ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Dodd-Frank ,
FDCPA ,
Federal Trade Commission (FTC) ,
HMDA ,
Popular ,
Regulation Z ,
RESPA ,
Securities and Exchange Commission (SEC) ,
Threshold Requirements ,
Truth in Lending Act (TILA) ,
Whistleblowers
In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more
11/5/2015
/ Cell Phones ,
Debt Collection ,
Debt Collectors ,
Declaratory Rulings ,
FCC ,
Motion To Stay ,
Primary Jurisdiction Doctrine ,
Prior Express Consent ,
Right to Privacy ,
Robocalling ,
Smartphones ,
TCPA ,
Telecommunications ,
Wireless Devices ,
Wireless Technology
The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more
11/3/2015
/ Amicus Briefs ,
Anti-Retaliation Provisions ,
Appeals ,
Arbitration ,
Automotive Industry ,
Automotive Loans ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Complaint System ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Debt ,
Debt Collection ,
Debt Collectors ,
Department of Labor (DOL) ,
Deutsche Bank ,
Disclosure Requirements ,
Dodd-Frank ,
Fannie Mae ,
FDCPA ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Foreclosure ,
GE Capital Retail Bank ,
Hiring & Firing ,
HMDA ,
ILSA ,
Integrated Disclosures ,
JPMorgan Chase ,
Lenders ,
Mortgages ,
Obama Administration ,
OCC ,
Political Appointments ,
Preemption ,
Recess Appointments ,
Regulation X ,
Regulation Z ,
RESPA ,
Rural Development ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Standing ,
Summary Judgment ,
Truth in Lending Act (TILA) ,
Wachovia ,
Whistleblower Protection Policies ,
Whistleblowers
In This Issue:
- Recent Cases
..RESPA
..FDCPA
..TCPA
..FCCPA & FDCPA
..TILA
- In The News
..CFPB to Begin Collecting Complaints Regarding Prepaid Cards
..CFPB Proposes Letting...more
8/1/2014
/ Assisted Living Facilities (ALFs) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Debt Collection ,
Dodd-Frank ,
FCCPA ,
FDCPA ,
FFIEC ,
FHFA ,
Financial Regulatory Reform ,
OCC ,
Prepaid Payment Products ,
Regulation Z ,
RESPA ,
TCPA ,
Truth in Lending Act (TILA)
In This Issue:
- Recent Cases January Through March 2014
..Dodd-Frank Amendments to RESPA
..Dodd-Frank Prohibition on Arbitration Clauses
..Whistleblower Protection Under Dodd-Frank
- News &...more
3/27/2014
/ Arbitration ,
Arbitration Agreements ,
Banks ,
Community Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Debt Collection ,
Dodd-Frank ,
Fannie Mae ,
Financial Regulatory Reform ,
HUD ,
Money Transfer ,
Mortgages ,
RESPA ,
Stress Tests ,
Whistleblower Protection Policies ,
Whistleblowers
In This Issue:
- Recent Cases
..Dodd-Frank Prohibition on Arbitration
..Statutory Damages Under TILA
..Preemption
..Declaratory Relief
..HAMP Claims
..Constitutional Challenge to...more
11/25/2013
/ Arbitration ,
Automotive Loans ,
Cease and Desist ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Declaratory Relief ,
Dodd-Frank ,
Elder Issues ,
HAMP ,
Mortgages ,
Preemption ,
Remittance Transfer Rule ,
RESPA ,
Richard Cordray ,
Truth in Lending Act (TILA) ,
Whistleblowers
In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more