News & Analysis as of

General Business Consumer Protection Bankruptcy

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy

by Burr & Forman on

In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more

One of the Largest Member Clubs in Singapore Is Liquidated

by Morgan Lewis on

California Fitness’s closure has left many consumers who have purchased prepaid packages without any remedies. On 20 July, California Fitness, which was once fronted by action movie star Jackie Chan, announced that it...more

Sports Authority sells it customer database to Dick’s Sporting Goods for $15 million

Sports Authority, Inc. (“Sports Authority”) advertisements have been everywhere lately –‘everything must go!’ But does this include their customers’ personal information, too? Because Sports Authority has filed for Chapter 11...more

The Legacy of the RadioShack Bankruptcy and the Importance of PII

Customer information has become an increasingly valuable business asset. And, the volume and detail of other available information about consumers has increased along with it, well beyond mere customer names and addresses to...more

“Never Say Never”: Lessons From RadioShack’s Sale of Customer Information

When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’...more

Privacy Policy Impacts RadioShack’s Sale of Customer Information

by Snell & Wilmer on

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over...more

Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

by Butler Snow LLP on

On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware. According to the objection, the customer...more

Leases: Avoid Unnecessary Headaches With Precise Drafting

by Pepper Hamilton LLP on

Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law. The issue turned on...more

Bankruptcy Sales of Personally Identifiable Information: Does it Satisfy the Privacy Policy?

by Snell & Wilmer on

Companies that are looking to sell, transfer or buy personally identifiable information (“PII”) via bankruptcy asset sales would be wise to confirm that such a transfer is consistent with the debtor’s privacy policy. If it...more

Mortgage Debt Lesson: Don't Pursue Collection Of A Discharged Mortgage

by Burr & Forman on

Creditors should double check the bankruptcy status of a debtor/borrower before pursuing collection. As a pending case illustrates, pursuing collection of an initially reaffirmed, but later discharged mortgage could be a...more

CFPB Refines Mortgage Rules to Resolve Conflicts and Inconsistencies

by Baker Donelson on

On October 15, 2013, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule and bulletin refining and making technical changes to certain provisions of its January 2013 mortgage rules. The interim rule...more

Third Circuit Holds FDPCA Can Apply in Bankruptcy Proceedings

by Goodwin on

The United States Circuit Court for the Third Circuit upheld a lower court’s decision that the Bankruptcy Code precluded a borrowers’ claims under the Fair Debt Collection Practices Act. After filing for bankruptcy,...more

Virginia Financial Institutions - June 2013

by Reed Smith on

In this issue: - CFPB Amends Ability-to-Repay Rule to Ease Standards for Small Creditors - Assistant Managers Fail to Break the Piggy Bank...For Now - Federal Agencies Make Changes to Regulation...more

CFPB uses enforcement powers in attempt to shut down debt relief company in Florida

by Ballard Spahr LLP on

This past Thursday, the CFPB announced that it filed a complaint against a Florida debt-relief company that misled consumers across the country. Following an investigation into American Debt Settlement Solutions, Inc. (ADSS)...more

Maryland's highest court blocks another foreclosure defense

by Thomas Valkenet on

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

David L. Gibbs Interviewed by LexisNexis About Online Q&A Sites

by David Gibbs on

Recently, Senior Partner David L. Gibbs of The Gibbs Law Firm, APC was asked by LexisNexis | Martindale-Hubbell to discuss Legal Question & Answer Forums. The interview addresses the benefits of such forums for both consumers...more

Weglarz v. JP Morgan Chase Bank, N.A., and National Collegiate Trust

Complaint--Class ActionIllinois

by Christine Kingston on

National Collegiate Student Loan Trust is being sued on a class action basis for its improper, fraudulent use of the LIBOR index on its promissory note private student loans. This is just another defense of contract when...more

Second Circuit to Student Loan Collectors: Know Your Bankruptcy Law!

by Ballard Spahr LLP on

A recent decision by the Second Circuit underscores the importance to debt collectors of accurately describing the options available to a student loan borrower in bankruptcy, even a borrower who previously filed but did not...more

Do I Really Need a Lawyer?

by John Skiba on

When dealing with a debt collection lawsuit most people would love to be represented by a lawyer. The problem is that many times the amount you are being sued for is relatively small and/or the attorney you want to hire is...more

Consumer Financial Protection Bureau Shaking Up Private Student Loan Industry

by Saul Ewing LLP on

The Consumer Financial Protection Bureau has issued a report highlighting significant consumer protection issues in the private student lending industry and making recommendations to ensure transparency. ...more

Can a Second Mortgage be Wiped Out in Bankruptcy?

by Frank Pipitone on

Changes may be on the horizon allowing debtors to "cram down" or "strip" second mortgages in Chapter 7 Bankruptcy....more

Student Loan Percentages Tell A Different Story

by Frank Pipitone on

It is no secret that the student loan crisis is a runaway freight train and it is ready to crash. Approximately 37 million Americans are straddled with student loan debt. A closer look at the statistics gives us a more...more

No Recourse to Travel Compensation Fund for Loyalty Points Program Provider

by Dentons on

The Ontario Divisional Court recently overturned a decision of the Ontario Licensing and Appeals Tribunal that had required the Travel Industry Council of Ontario (“TICO”) to compensate a loyalty program provider for the cost...more

Is the bank required to hold both the mortgage and the note to properly foreclose in Massachusetts?

by George Bourguignon on

If you are defending against foreclosure in Massachusetts and wonder what you can do, or if you want to inquire on the "note & mortgage defense" to foreclosure,or you desire to save your home and want learn more about how to...more

I'm skipping car payments after bankruptcy. Can they sue me?

by Malcolm Ruthven on

I received a discharge of debts in a Chapter 7 bankruptcy and now I can't keep making payments on the car. If they repossess the car, can they also sue me? The answer to that question is a strong "it depends". If you...more

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