Christopher J. Willis

Christopher J. Willis

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

W.Va. Requires Time-Barred Debt Disclosures in ‘Initial Written Communication’

The West Virginia Legislature recently passed H.B. 4360, which amended Section 46A-2-128 of the West Virginia Code, that defines what constitutes unfair or unconscionable debt collection activities. The amendments are...more

4/17/2014 - Debt Debt Collection Disclosure Requirements UDAAP

The CFPB’s Debt Collection Complaint Report: Lots of Fury Signifying Nothing

Yesterday, the CFPB released its annual report on debt collection, along with a press release. The headline, according to the Bureau, is that “Consumers Report Being Hounded About Debts Not Owed,” and the Bureau reported that...more

3/24/2014 - CFPB Debt Collection

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

2/11/2014 - Article III ATMs EFTA FCRA Injury-in-Fact SCOTUS Statutory Damages

Collection Letter Requiring Written Dispute Violated FDCPA, Fourth Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because it stated that the debtor could only dispute the debt in writing, the U.S. Court of Appeals for the Fourth Circuit has ruled. The Fourth...more

2/7/2014 - Debt Collection FDCPA

Justice Department, U.S. Attorney, N.C. Attorney General Sue over Reverse Redlining by Auto Dealers

The U.S. Department of Justice (DOJ), the U.S. Attorney’s Office, and the North Carolina Attorney General filed a complaint last week against two corporations that own two “buy here, pay here” used car dealerships, as well as...more

1/21/2014 - Car Dealerships DOJ ECOA Unfair or Deceptive Trade Practices

DOJ Hits First Bank Target in ‘Operation Choke Point’

Last week, the U.S. Department of Justice (DOJ) filed a lengthy complaint and consent order in a lawsuit against Four Oaks Bank & Trust Company. The DOJ action is the first lawsuit (and settlement) under "Operation Choke...more

1/20/2014 - Banking Sector CashCall DOJ EFTA Fair Lending Payday Loans Payment Processors

Eleventh Circuit Considers Permissibility under FDCPA of Percentage-Based Debt Collection Fees

In a per curiam decision last week, the U.S. Court of Appeals for the Eleventh Circuit suggested that percentage-based debt collection fees are permissible under the Fair Debt Collection Practices Act (FDCPA) if they are...more

1/7/2014 - Collection Agencies Contract Drafting Debt Buyers Debt Collection FDCPA Fees

CFPB Issues Aggressive Rulemaking Agenda

The Consumer Financial Protection Bureau’s recently released fall 2013 rulemaking agenda portends aggressive rulemaking by the Bureau in 2014. With most of the rulemaking mandated by the Dodd-Frank Act now completed,...more

12/6/2013 - CFPB Compliance Dodd-Frank Enforcement Mortgages

CFPB Finalizes Rule To Supervise Student Loan Servicers

The Consumer Financial Protection Bureau has issued a final rule allowing it to supervise nonbank servicers of private and federal student loans who qualify as “larger participants” in the student loan servicing market. The...more

12/4/2013 - CFPB Loan Servicing Nonbank Firms Student Loans Students

Statewide Judicial System Report Issued on N.Y. Foreclosure Cases

Earlier this month, the Chief Administrative Judge of New York’s Unified Court System issued a report on the status of foreclosure cases in the state judicial system. The 2013 report contains important information about how...more

11/14/2013 - Foreclosure Mortgages

FTC Revises Vocational School Guides

The Federal Trade Commission has revised its Guides for Private Vocational and Distance Education Schools, generally referred to as the “Vocational School Guides” (Guides). The Guides are intended to advise businesses that...more

11/14/2013

DOJ Settles Fair Lending Cases against Mortgage Lenders

The U.S. Department of Justice (DOJ) recently settled fair lending lawsuits against two mortgage lenders. Both actions involved DOJ attempts to use disparate impact evidence to establish that a lender engaged in a “pattern or...more

11/12/2013 - Discrimination DOJ Fair Lending Mortgages National Origin Discrimination Racial Discrimination

Federal Regulators Propose Standards for Assessing Diversity Policies of Regulated Entities

Six federal agencies have proposed joint standards for assessing the diversity policies and practices of regulated entities relating to employment and contracting with third parties. The proposal was developed by the...more

10/29/2013 - Diversity OMWI

New York DFS Seeks Stronger Court Rules for Default Judgments in Collection Actions

A proposal by the New York Department of Financial Services (DFS) would substantially drive up the costs of bringing consumer debt collection actions in the state. The DFS is seeking stronger court rules for obtaining default...more

10/25/2013 - Debt Collection Default Judgment Financial Services Authority

Federal Regulators Issue Statement on Qualified Mortgage Fair Lending Risks

Federal regulators have issued an interagency statement intended to address industry concerns regarding the fair lending risks associated with compliance with the Consumer Financial Protection Bureau’s...more

10/25/2013 - Ability-to-Repay CFPB Fair Lending FDIC Mortgages NCUA Qualified Mortgage Rule

FTC Settles First Case Challenging Debt Collector’s Use of Text Messages

The Federal Trade Commission recently announced that it had settled a case representing its first action challenging a debt collector’s use of text messages. In its complaint, the FTC alleged that the defendant debt...more

10/4/2013 - Debt Collection FDCPA FTC TCPA Texting

DOJ Settles Fair Lending Case against Auto Dealer

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Union Auto Sales, Inc., a California automobile dealer. This means that, once again, a DOJ attempt to use disparate impact evidence to...more

9/24/2013 - Car Dealerships Discrimination Disparate Impact DOJ Fair Lending Settlement

New York Proposes Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) has proposed new regulations that would impose significant disclosure and other requirements on persons engaged in the collection of consumer debts....more

8/13/2013 - Debt Debt Collection Disclosure Requirements FDCPA Proposed Regulation

CFPB Issues Response Guidance for Compliant System’s Company Portal

The CFPB recently posted new "Response Guidance," which outlines what the CFPB deems "best practices" for financial institutions to follow in responding to consumer complaints, on its company portal....more

8/12/2013 - Best Management Practices CFPB Consumer Complaint System Recordkeeping Requirements

CFPB issues response guidance for complaint system’s company portal

Companies logging on to the CFPB’s company portal recently discovered that the CFPB had posted new “Response Guidance.” The guidance supplements the CFPB’s Company Portal Manual which describes the operation of the online...more

8/7/2013 - CFPB Fees Internet Websites

OCC Signals Increased Agency Attention to Debt Sales

The Office of the Comptroller of the Currency (OCC) has made clear that all national banks and federal savings associations can expect increased scrutiny of their debt sales practices, as well as supervisory guidance...more

7/19/2013 - Banks Debt Debt Collection OCC Sales

FTC Enforcement Action against Debt Collector Ends in Record Settlement

The Federal Trade Commission’s recent announcement that it entered into a record settlement with “the world’s largest debt collection operation” demonstrates that it intends to continue its vigorous enforcement of the Fair...more

7/16/2013 - Compliance Debt Collectors Dodd-Frank Enforcement Actions FDCPA FTC Settlement

CFPB Targets Debt Collection in New UDAAP Bulletins, Complaint System, Consumer Action Letters

The Consumer Financial Protection Bureau made clear that debt collection continues to be a major focus by issuing two new bulletins and five action letters for consumers to use when responding to debt collectors....more

7/11/2013 - CFPB Compliance Consumer Complaint System Debt Debt Collection Dodd-Frank FDCPA Harassment UDAAP

CFPB Finalizes Procedures for Supervising Nonbanks Engaged in Risky Conduct

The Consumer Financial Protection Bureau has adopted a final rule setting forth the procedures it will use to supervise nonbanks engaged in conduct that poses risk to consumers....more

7/2/2013 - CFPB Credit Reports Dodd-Frank Final Rules Financial Products Lenders Mortgages Nonbank Firms Wall Street

CFPB responds to letter from Democrats requesting auto fair lending information and gets new request from Republicans

As we reported, on May 28, 2013, Democratic members of the House Committee on Financial Services sent a letter to Director Cordray requesting information about the CFPB’s activities related to auto fair lending, including...more

6/27/2013 - Automotive Industry CFPB Fair Lending Richard Cordray

62 Results
|
View per page
Page: of 3