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All Consuming - Financial Litigation Insights - Issue 2, July 2023

CFPB Issue Spotlight Analyzes “Artificial Intelligence” Chatbots in Banking - "Poorly deployed chatbots can impede customers from resolving problems." Why this is important: The Consumer Financial Protection Bureau...more

Debt Collection and Technology – Welcome to the New Normal

There are a variety of ways in which accounts, or debts, are collected. However, aging technology and legacy servicing (collection) infrastructure restricts a lender’s ability to leverage automation and technology. Without...more

All Consuming - Student Loans, Medical Debt, FTC, Payment Systems, and Credit Reporting, Volume 3, Issue 7

A New Student Loan Company is Now Taking Over the Accounts of Public Servants Seeking Debt Cancellation "This also comes as borrowers have 4 months left to apply for extended student-loan relief." Why this is important:...more

All Consuming - Financial Litigation Insights, Volume 3, Issue 6

Student Loan Forgiveness is Completely Unfair to These People "If President Joe Biden proceeds with wide-scale student loan cancellation, the most likely beneficiaries could include federal student loan borrowers who earn...more

All Consuming - Financial Litigation Insights, Volume 3, Issue 5

CFPB Invokes Dormant Authority to Examine Nonbank Companies Posing Risks to Consumers and CFPB Claims Oversight Over More Entities Including Fintechs; Says It Will Publish Supervisory Determinations - "The CFPB is also...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 22

What to Expect as Education Department Gets Ready to Resume Student Loan Payments - "After nearly two years of pausing student loan bills, the U.S. Department of Education is trying to figure out how to start collecting...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 18

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords - "However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 12

TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit - "The policy at issue has an exclusion for claims 'arising out of'...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 7

Consumer Complaints to the CFPB for 2020 Up 54 Percent Over Previous Year - "The CFPB handled about 542,300 complaints last year – a nearly 54 percent increase over the 352,400 complaints handled in 2019." Why this is...more

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do Not Apply to Transactions Paid...

The United States Court of Appeals for the Fourth Circuit recently decided that claims based on Article 2 of the West Virginia Consumer Credit and Protection Act ("WVCCPA"), including claims based on its FDCPA-like debt...more

All Consuming - Financial Litigation Insights: Issue 11, December 2020

Welcome to the Last All Consuming Issue of 2020 - Welcome to our last issue of All Consuming for 2020, a year of unprecedented obstacles. We all watched as the financial industry responded to those obstacles, with...more

All Consuming - Financial Litigation Insights: Issue 10, November 2020

COVID-19, the CARES Act and the Impact on Mortgage Forbearance - In response to the coronavirus pandemic, the federal government passed the CARES Act, which provides a number of protections to homeowners unable to pay...more

All Consuming - Financial Litigation Insights: Issue 7, October 2020

Is a Cap on Payday Loan Rates About Protecting the Poor or Eliminating a Service? "Industry representatives say the proposed cap would drive most, if not all, payday lenders out of business and leave their customers...more

COVID-19 WATCH LIST – Senators Warren and Brown Propose Pausing All Debt Payments

Sen. Elizabeth Warren (D-Mass.) and Sen. Sherrod Brown (D-Ohio) have released a proposal calling on Congress to provide additional protections for consumers during the COVID-19 pandemic. Their proposal notes that an...more

All-Consuming: Financial Litigation Insights - May 2020

Welcome to our first formal edition of All Consuming - our e-newsletter devoted to financial litigation insights. Our goal is to bring you the most up-to-date information that allows you to be proactive in your...more

How Consumers are Using the West Virginia Collection Agency Act to File Class Actions

As a result of recent amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), consumers in West Virginia have begun using the West Virginia Collection Agency Act (“WVCAA”) as a basis to file class...more

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

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