Searching Content indexed under Financial Services by David Anthony ordered by Published Date Descending.
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BCFP Argues Nonjudicial Foreclosure Is Not Debt Collection Under FDCPA In Amicus Brief Before U.S. Supreme Court
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court ...
United States
7 Dec 2018
Fifth Circuit Affirms District Court's Decision, Awards No Fees To Plaintiff's Counsel For Successful FDCPA Claim Due To "Special Circumstances" Exception
Generally, a successful judgment for a violation of the FDCPA allows for an award of attorney's fees for the consumer's counsel.
United States
5 Dec 2018
Debt Collector Not Obligated To Orally Disclose Expiration Of Statute Of Limitations On Time-Barred Debt
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer?
United States
30 Nov 2018
Virginia AG Untangles Online Lending Web And Obtains $50 Million Judgment
This swift action embodies Attorney General Mark Herring's recent effort to vigorously enforce Virginia's lending laws.
United States
30 Nov 2018
NexGen Student Loan Servicing: What You Need To Know
The next generation of federal student loan servicing is scheduled to debut in 2019.
United States
30 Nov 2018
State Attorneys General Declare Opposition To Congressional Attempts To Expand Federal Preemption
As Congress' emboldened majority has sought to lessen the federal government's regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
United States
22 Nov 2018
Change To Massachusetts Attorney General's Website Raises Uncertainty Regarding Agency Responsible For Regulating Third-Party Debt Collectors
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General's website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts.
United States
15 Nov 2018
Federal Court Shuts Door On Motion To Dismiss In FDCPA Case Based On Counterclaims In Previous Collections Lawsuit
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act.
United States
14 Nov 2018
Eighth Circuit Holds That Plaintiff Who Consented To Alleged FCRA Violation Lacks Standing
a recent Eighth Circuit case, the appellate court vacated the district court's orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
United States
14 Nov 2018
Court Holds Collector Not Required To Warn About Potential Award Of Court Costs
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the "amount of debt" disclosure under the Fair Debt Collection Practices Act ("FDCPA")
United States
14 Nov 2018
CFPB Expects To Issue Notice Of Proposed Rulemaking On FDCPA
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda
United States
13 Nov 2018
Overshadowing Claim Ruled Viable In New Jersey
On August 16, Judge Freda L. Wolfson of the District of New Jersey ruled that a consumer plaintiff's claim that insurance language overshadowed the required debt validation warning can proceed.
United States
1 Oct 2018
CFPB Issues Model FCRA Summary Of Rights Form Ahead Of September 21 Effective Date
On September 12, the Consumer Financial Protection Bureau issued an interim final rule which provided a model
United States
19 Sep 2018
Democrat Senators Seek Amendment Of FCRA, FDCPA For Medical Debts
Further, medical debt that has been settled or paid off would be required to be removed from a person's credit report within 45 days of payment or settlement.
United States
10 Sep 2018
Not Quite Done: A CFPB Advisory Body Falls
On June 6, the Consumer Advisory Board's twenty-two members were informed that they would no longer serve on the CAB and could not reapply for their former positions.
United States
25 Jun 2018
Kathy Who? Permanent Director Of The CFPB Nominated By President Trump
President Donald Trump announced this morning that he plans to nominate Kathy Kraninger, associate director of the Office of Management and Budget ("OMB"), to become the new director of the Consumer Financial Protection Bureau ("CFPB"), replacing Mick Mulvaney.
United States
22 Jun 2018
Ninth Circuit Rules CRA Cannot Be Held Liable Under FCRA For Customer's Misuse Of Information
On May 29, the Ninth Circuit ruled that an end-user's misuse of reported information does not render a credit reporting agency's report inaccurate for purposes of liability under the Fair Credit Reporting Act.
United States
7 Jun 2018
Debt Collector's Mistaken Inclusion Of Duplicate Amount Of Debt Not Confusing To Least Sophisticated Consumer
In a recent decision denying plaintiffs Aldean Isaac's and Julissa Ortiz's motion for summary judgment, a federal district court judge in the Eastern District of New York found that defendant NRA Group...
United States
4 Jun 2018
Third Circuit Rejects Application Of Discovery Rule To Alleged FDCPA Violations
On May 15, an en banc panel of the Third Circuit Court of Appeals issued a decision finding the statute of limitations for an alleged violation of the Fair Debt Collection Practices Act ...
United States
1 Jun 2018
Courts Expand Eligibility For Chapter 13 Bankruptcy Of Persons Seeking To Discharge Outstanding Student Loans
Chapter 13 of the United States Code's eleventh title "permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual's exact circumstances,"...
United States
15 May 2018
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