The Federal Trade Commission recently announced that it settled an action it filed against AppFolio, Inc. (“AppFolio”), regarding alleged unfair or deceptive acts or practices, in violation of Section 5 of the FTC Act, 15...more
On September 25, 2020, California Governor Gavin Newsom signed several consumer protection bills, including AB 3254, which extends the right to receive a translated version of certain consumer contracts to nonparty...more
In filings submitted last week, the Consumer Financial Protection Bureau (the Bureau) both opposed and moved for summary judgment in PayPal, Inc. v. Consumer Financial Protection Bureau, asking the court to put an end to...more
In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more
9/9/2019
/ Article III ,
Chattel ,
Conversion ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On August 14, 2019, Senate Banking Committee Ranking Member Sherrod Brown (D-Ohio) wrote a letter imploring Consumer Financial Protection Bureau Director Kathy Kraninger to implement the payments provisions of the 2017 Payday...more
8/21/2019
/ Ability-to-Repay ,
Administrative Procedure Act ,
Automotive Loans ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Financial Services Industry ,
Online Marketplace Lending ,
Payday Lending Rule ,
Payday Loans ,
Regulatory Agenda ,
Rulemaking Process ,
Stays ,
Title Loans
Last month, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Muransky v. Godiva Chocolatier, Inc., which, sua sponte, vacated and reissued its earlier ruling in the same case: that consumers have standing...more
On September 21, 2018, the Attorney General for the State of Washington filed a lawsuit (see complaint) against several companies engaged in purchasing charged-off consumer debts, for operating as “collection agencies”...more
The U.S. Court of Appeals for the Third Circuit held in Tepper v. Amos Fin., LLC, that debt buyers (i.e., entities collecting, on their own behalf, consumer debts they acquired when the debts were in default), can qualify as...more
In a recent decision, a federal court in the Southern District of New York (SDNY) dismissed a putative class action complaint alleging, among other things, that a mortgage servicer violated the Fair Debt Collection Practices...more
7/24/2018
/ Consumer Financial Products ,
Excessive Fees ,
FDCPA ,
Financial Services Industry ,
Inspection Rights ,
Mortgage Servicers ,
Mortgages ,
Motion to Dismiss ,
Notice of Default ,
Putative Class Actions ,
RICO
On November 28, 2017, the Federal Reserve Board announced a Consent Order with Peoples Bank (Peoples) in Lawrence, Kansas. The Order charges Peoples with violating Section 5 of the Federal Trade Commission Act (FTCA) by...more
On July 5, 2017, the U.S. District Court for the District Columbia, in the lawsuit filed in 2014 challenging “Operation Choke Point” — a federal enforcement initiative involving various agencies, including the Consumer...more
7/20/2017
/ Administrative Procedure Act ,
Banking Sector ,
Department of Justice (DOJ) ,
Due Process ,
FDIC ,
Federal Reserve ,
Financial Services Industry ,
OCC ,
Online Marketplace Lending ,
Operation Choke Point ,
Payday Loans ,
Proposed Legislation
On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive...more
The 11th Circuit Court of Appeals has affirmed its prior holding in Arencibia v. Mortgage Guaranty Insurance Corp. that an entity that acquires and collects debt on its own behalf does not qualify as a debt collector under...more
Federal courts lack jurisdiction to consider borrowers' claims that arise out of a state court foreclosure proceeding, the U.S. District Court for the District of Maryland recently ruled. Parker v. Investire involved claims...more