News & Analysis as of

Consumer Protection Professional Practice Finance & Banking

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Recent Massachusetts AG consent order places new requirements on debt collection law firm

by Ballard Spahr LLP on

In a recent consent order with a legal collection law firm, the Massachusetts Attorney General imposed significant restrictions on legal collection that go beyond previous CFPB consent orders, which we covered here. We...more

Fourth Circuit Weighs in on Article III Standing

The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to...more

Federal district court refuses to dismiss CFPB lawsuit against law firms and attorneys for unlawful debt relief practices

by Ballard Spahr LLP on

A California federal district court has refused to dismiss a lawsuit filed by the CFPB in January 2017 against several law firms and attorneys alleging that the defendants violated the FTC’s Telemarketing Sales Rule (TSR) and...more

Law Firm-Issued Collections Letters Continue to Pose High Risks

by Pepper Hamilton LLP on

On April 17, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit in Ohio district court against the Weltman, Weinburg & Reis law firm (WWR), alleging violations of the Fair Debt Collections Practices Act (FDCPA)...more

Your Cyber Minute: The Implications of the GDPR for Cybersecurity

by Hogan Lovells on

Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran discuss the Global Data Protection Regulation and what companies need to know now. ...more

CFPB settles FDCPA claims against debt collection law firms

by Ballard Spahr LLP on

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Eighth Circuit: A Debt Collector May Call A Third Party More Than Once Without Violating § 1692b(3) of the FDCPA

by Burr & Forman on

In Kuntz v. Rodenburg LLP, No. 15-2777, – F.3d –, 2016 WL 5219884 (8th Cir. Sept. 22, 2016), the Eighth Circuit held that a law firm hired to collect a debt did not violate § 1692b(3) of the Fair Debt Collection Practices Act...more

CFPB Presents New Regulatory Requirements for Third-Party Debt Collectors

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

CFPB Presents Significant New Regulatory Requirements for Third-Party Debt Collectors

by Stinson Leonard Street on

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

by Ballard Spahr LLP on

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

Third Circuit Remands "Meaningful Attorney Involvement" Decision

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

Third Circuit Remands “Meaningful Attorney Review” FDCPA Decision with Instruction to Consider Article III Standing Under Spokeo,...

by Burr & Forman on

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more

CFPB Issues Sweeping and Unprecedented Rulemaking Proposals Seeking to “Drastically Overhaul Debt Collection Market”; Proposals...

by Burr & Forman on

Early in the morning on July 28, 2016, in coordination with the Consumer Financial Protection Bureau’s (the “Bureau”) field hearing on debt collection being held the same day in Sacramento, California, the Bureau released a...more

Eleventh Circuit Holds That Debt Collection Letters Sent to a Consumer’s Attorney Qualifies as a Communication With a Consumer...

by Balch & Bingham LLP on

Following the Eleventh Circuit’s decision in Bishop v. Ross Earle & Bonan, P.A., No. 15-12585, creditors and debt collectors should immediately review their practices to ensure that any communication to a debtor or a debtor’s...more

Do We Want the CFPB to Regulate the Practice of Law?

by Burr & Forman on

On April 25, the Consumer Financial Protection Bureau (“CFPB”) entered into a Consent Order with a New Jersey debt collection law firm, Pressler & Pressler, LLP, and two of its managing partners, Sheldon H. Pressler, and...more

Second Circuit Rules on False Name Exception Under FDCPA

by Goodwin on

In a split decision, the United States Court of Appeals for the Second Circuit ruled that a creditor can be held liable for sending letters using a law firm’s letterhead when plaintiffs alleged that the substance of the...more

UK Consumer Credit becomes regulated by the FCA and existing licences cancelled

by Chris Robinson on

UK consumer credit regulation is being taken over by the Financial Conduct Authority, promising more burdensome regulation and obliging all existing licence holders to re-apply for authorisation...more

ROBO-LITIGATION Re: Attorney Misconduct at Foreclosure Mills

by Barry Fagan on

ROBO-LITIGATION Re: Attorney Misconduct at Foreclosure Mills The scale of attorney malfeasance in connection with the foreclosure crisis is enormous. Whether attorneys knowingly filed false documents or simply failed to...more

Weekly Brief: Will Congress Garnish Paychecks to Repay Student Loans?

by Bloomberg Law on

Dec. 6 (Bloomberg Law) -- A proposal in Congress could mean big changes to the way debtors pay back student loans. Wisconsin Congressman Tom Petri wants companies to automatically deduct student loan repayments from...more

Paying for Goods On-line.

by Bryon Gross, Esq. on

The Internet has taken its place beside the telephone and television as an important part of people’s lives. Consumers use the Internet to shop, bank and invest online. Most consumers use credit or debit cards to pay for...more

Q&A With Katten's Claudia Callaway

Law360, New York (October 25, 2010) -- Claudia Callaway is a partner in Katten Muchin Rosenman LLP's Washington, D.C., office. Callaway focuses her practice on the defense of state and federal class actions regarding...more

Jessica Pownall vs. PNC Bank

Memorandum in Opposition to Defendant, PNC Bank's Motion to Dismiss Plaintiff's First Amended Complaint

by Forizs & Dogali, P.A. on

Plaintiff, Jessica Pownall, on behalf of herself and others similarly situated (“Pownall”)filed a class action against Defendant, PNC Bank, a National Association, as successor in interest to National City Bank (“PNC”), based...more

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