News & Analysis as of

Fair Debt Collection Practices Act Consumer Financial Protection Bureau (CFPB) Supreme Court of the United States

Goodwin

2023 Year in Review: Major U.S. Supreme Court and Appellate Cases

Goodwin on

Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The Supreme Court continues to take a close look at major...more

Orrick, Herrington & Sutcliffe LLP

2nd Circuit: CFPB funding is constitutional

On March 23, the U.S. Court of Appeals for the Second Circuit held that the CFPB’s funding structure is constitutional—splitting from the U.S. Court of Appeals for the Fifth Circuit’s decision in Community Financial Services...more

McGlinchey Stafford

Taking the Case: SCOTUS to Decide Constitutionality of CFPB

McGlinchey Stafford on

Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled...more

Bradley Arant Boult Cummings LLP

CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”

The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on June 29, 2022, clarifying its view as to the legality under the Fair Debt Collection Practices Act (FDCPA) of “convenience fees” for optional...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 24, 2022)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 9

Consumer Watchdog Group Issues Policy to Strengthen National Eviction Moratorium - "Since the eviction moratorium has been in effect, housing advocates and renters have said a lack of enforcement has led to landlords...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Manatt, Phelps & Phillips, LLP

CFPB 2019 Year in Review and What to Expect in 2020

Renewed Vitality but Self-Inflicted Wounds on Constitutionality - The Consumer Financial Protection Bureau (CFPB or Bureau) had an active 2019, and we review the most significant stories here. Likewise, we discuss the...more

Ballard Spahr LLP

DOJ files amicus brief with SCOTUS in FDCPA statute of limitations case

Ballard Spahr LLP on

The DOJ has filed an amicus brief in support of the defendant debt collector in Rotkiske v. Klemm, the case before the U.S. Supreme Court that hopefully will resolve a circuit court split over whether the FDCPA one-year...more

Goodwin

Financial Services Weekly News - January 2019 #2

Goodwin on

Editor's Note - CFPB Remains Active During Government Shutdown. As the government shutdown entered its fourth week and became the longest in history, many federal agencies, including many federal financial regulatory...more

Nutter McClennen & Fish LLP

Nutter Bank Report, June 2017

Supreme Court: Bank That Buys Debt for Its Own Account Is Not Debt Collector - The U.S. Supreme Court recently held that a bank that collects on debts it has bought and holds “for its own account” is not a debt collector...more

Davis Wright Tremaine LLP

Supreme Court Narrows FDCPA’s Definition of Debt Collector

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an...more

Eversheds Sutherland (US) LLP

In Justice Gorsuch’s First Opinion, Supreme Court Holds That Debt Buyers Are Exempt From Fair Debt Collection Practices Act

On June 12, 2017, the U.S. Supreme Court held in Henson v. Santander Consumer USA that the Fair Debt Collection Practices Act does not apply to debt buyers, as opposed to debt collectors working on behalf of loan originators....more

Dorsey & Whitney LLP

Supreme Court Holds Debt Buyer Not Subject to FDCPA

Dorsey & Whitney LLP on

On June 12, 2017, the U.S. Supreme Court upheld the Fourth Circuit’s decision in favor of Santander Consumer USA, Inc. (“Santander”) under the Fair Debt Collection Practices Act (“FDCPA”). In his first written opinion, the...more

Baker Donelson

SCOTUS Says Debt Purchasers Are Not Debt Collectors

Baker Donelson on

Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more

Fox Rothschild LLP

So Who Really Is A ‘Debt Collector’ Under The FDCPA?

Fox Rothschild LLP on

When the Fair Debt Collection Practices Act became law in 1977, it promised to regulate the conduct of anyone who “regularly collects or attempts to collect … debts owed or due … another.” But the courts have divided over...more

Blank Rome LLP

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Blank Rome LLP on

Action Item: Banks and other consumer finance firms that purchase delinquent debt and then collect on their own behalf are not “debt collectors” under the Fair Debt Collection Practices Act. However, this limitation still...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Henson v. Santander Consumer USA Inc.

On June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., No. 16–349, holding that a company may collect debts that it purchased for its own account without triggering the statutory definition of...more

Balch & Bingham LLP

SCOTUS’s FDCPA Opinion in Henson v. Santander: It’s Not Debt Collection When You Own It

Balch & Bingham LLP on

Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more

Goodwin

Financial Services Weekly News - April 2017 #4

Goodwin on

Editor's Note - State Regulators Sue OCC Over Federal FinTech Charter. On April 26, the Conference of State Bank Supervisors (CSBS) sued the Office of the Comptroller of the Currency (OCC) in the U.S. District Court for...more

Ballard Spahr LLP

CFPB files SCOTUS amicus brief in FDCPA case on filing bankruptcy proof of claim on time-barred debt

Ballard Spahr LLP on

The CFPB has filed an amicus brief in the U.S. Supreme Court in support of the respondent/consumer in Midland Funding, LLC v. Aleida Johnson, a decision of the Eleventh Circuit that held Midland’s alleged filing of an...more

Morrison & Foerster LLP

Financial Services Report, Summer 2016

BELTWAY - Every Last Penny Counts - Five federal banking agencies issued a Supervisory Bulletin titled “Interagency Guidance Regarding Deposit Reconciliation Practices” (the “Guidance”). The Guidance outlines...more

Ballard Spahr LLP

SCOTUS decides FDCPA case

Ballard Spahr LLP on

On May 16, 2016, the U.S. Supreme Court unanimously held in Sheriff v. Gillie that an independent contractor to the Ohio Attorney General (OAG) did not mislead consumers in violation of the Fair Debt Collection Practices Act...more

Ballard Spahr LLP

Solicitor General to participate in SCOTUS oral argument in FDCPA case

Ballard Spahr LLP on

On March 29, 2016, the U.S. Supreme Court will hear oral argument in a Fair Debt Collection Practices Act case in which the CFPB joined the Solicitor General in filing an amicus brief in support of the plaintiffs. The court...more

Morrison & Foerster LLP

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide