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Searching Content indexed under Financial Services by Troutman Sanders LLP ordered by Published Date Descending.
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1
Virginia Supreme Court Affirms Forbearance Agreement Did Not Waive Right To Foreclose
On November 21, in Sweely Holdings LLC v. SunTrust Bank et al., the Supreme Court of Virginia issued an opinion that is beneficial to the mortgage industry in Virginia because it upheld a bank's right
United States
13 Dec 2018
2
FTC Solicits Comments On Red Flags Rule And Card Issuers Rule
On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors...
United States
13 Dec 2018
3
Virginia Code Amended To Clarify Post-Foreclosure Eviction Process: Codifies Recovery Of Rent From Date Of Foreclosure Sale And Allows Recovery Of Damages And Attorneys' Fees
The tenancy may be terminated by giving a written notice to vacate three days prior to the effective termination date.
United States
10 Dec 2018
4
Northern District Of California Issues Guidance To Increase Scrutiny Of Class Action Settlements
On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency in class settlements and the disbursement ...
United States
7 Dec 2018
5
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
6
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
7
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
8
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
9
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
10
Federal Judge Grants Summary Judgment In Favor Of Debt Collector In TCPA, FDCPA Case Over Calls To Reassigned Number
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or "ATDS," for purposes of liability under the Telephone Consumer Protection Act?
United States
30 Nov 2018
11
Seventh Circuit Holds That Borrower Failed To Show Harm Caused By Servicer's QWR Response
In November 2012, a Wisconsin state court entered a foreclosure judgment against Terrence Moore due to his longstanding payment default on a mortgage serviced by Wells Fargo.
United States
29 Nov 2018
12
Court Grants Final Approval Of $1.2M FCRA Class Action Settlement Against Petco
On November 16, the United States District Court for the Southern District of California granted final approval of a $1.2 million Fair Credit Reporting Act class action settlement against Petco Animal Supplies, Inc.
United States
29 Nov 2018
13
Minnesota Department Of Commerce Assesses $50,000 Penalty Against Collector For Poor Compliance Practices
The Minnesota Department of Commerce recently entered into a consent order with collection agency Range Credit Bureau, Inc. regarding its compliance practices.
United States
29 Nov 2018
14
Eleventh Circuit Affirms Dismissal Of Consumer's FDCPA Claim For Failing To State A Plausible Claim For Relief
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama's dismissal of a consumer's claim under § 1692g of the Fair Debt Collection Practices Act...
United States
26 Nov 2018
15
CFPB Updates Loan Originator Rule Guide And HOEPA Rule Guide
Recently, the Consumer Financial Protection Bureau issued revised versions of the small entity compliance guides for the Loan Originator Rule and the Home Ownership and Equity Protection Act ("HOEPA")
United States
23 Nov 2018
16
Debt Picture Gets Worse In Third Quarter Of 2018
In an ominous sign, Americans' total debt hit another record high, rising to $13.5 trillion in the last quarter, as student loan delinquencies jumped, according to Reuters.
United States
23 Nov 2018
17
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
18
Lone Court Decision Complicates Question Regarding Effect Of Bankruptcy Under WVCCPA
The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection.
United States
22 Nov 2018
19
Solving The Mystery Of Contracting By Hyperlink
Remote contracting with customers through the internet is either the current reality or the aspirational goal for many businesses.
United States
21 Nov 2018
20
Closely Watched Credit Card Surcharge Litigation Back In Second Circuit For Constitutional Review
Some merchants prefer their customers to pay for their purchases with cash so they can avoid transaction fees associated with credit card purchases.
United States
19 Nov 2018
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