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Creditors Unfair or Deceptive Trade Practices

Nelson Mullins Riley & Scarborough LLP

Responding to Automatic Stay Violations: A Cautionary Tale for Overzealous Debtors’ Attorneys

The filing of a bankruptcy petition under any chapter of the Bankruptcy Code creates the ‘automatic stay,’ which prevents creditors from taking any further action against either the debtor or the debtor’s assets during the...more

Cozen O'Connor

Consumers Worse Off After Enrolling In Debt-Settlement Program

Cozen O'Connor on

Massachusetts AG Maura Healey reached a settlement with debt settlement company DMB Financial, LLC and its chief operating officer (collectively “DMB”) to resolve allegations that DMB used deceptive and unfair practices to...more

Hudson Cook, LLP

GAP Benefits and Refunds: Seems Like the Repeat Button Is On

Hudson Cook, LLP on

I had a roommate in college who was extremely proud of his new stereo system with its three-foot-tall speakers. It was a state-of-the-art system at the time, with crystal clear sound and thumping bass. He'd often play the...more

Hudson Cook, LLP

Voluntary Protection Products: A Matter of "Interest" for State and Federal Regulators

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Voluntary protection products like credit insurance, debt protection, GAP, service contracts and motor clubs, have gained increased attention by state and federal regulators overseeing the consumer finance industry....more

Spilman Thomas & Battle, PLLC

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

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Hudson Cook, LLP

COVID-19 Payment Accommodations from the Perspective of Voluntary Protection Product Providers

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In response to the COVID-19 pandemic, creditors across the country are working to balance their business operations and servicing immediate consumer financial needs with public safety. Some creditors have begun offering...more

Mintz - Bankruptcy & Restructuring Viewpoints

Massachusetts Attorney General Sets Her Sights on Debt Collectors in the Wake of COVID-19

On March 27, 2020, the Massachusetts Attorney General, Maura Healy, filed an emergency regulation, aimed at what the office described as “prevent[ing] debt collectors and creditors from harassing our residents.” The new...more

Tucker Arensberg, P.C.

Seventh Circuit Finds Use of Words “Time Sensitive” on Envelope Containing a Debt Collection Letter Violates the Fair Debt...

The 7th Circuit Court of Appeals in Preston v. Midland Credit Mgmt., Inc., 2020 WL 290451 (7th Cir. Jan. 21, 2020) has issued a ruling which holds that using the words “TIME SENSITIVE DOCUMENT” on the envelope containing a...more

Spilman Thomas & Battle, PLLC

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

Hudson Cook, LLP

What's Missing? The CFPB's Notice of Proposed Rulemaking on Debt Collection Fails to Resolve a Number of Compliance Issues

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This article is part of a series of articles and webinars Hudson Cook will present over the coming weeks addressing the CFPB's Notice of Proposed Rulemaking on Debt Collection (the "Proposals"). While the Proposals, if...more

Hudson Cook, LLP

New(ish) Technology and the CFPB's Proposed Debt Collection Rule

Hudson Cook, LLP on

On May 7, 2019, the Consumer Financial Protection Bureau ("CFPB" or the Bureau") released its Fair Debt Collection Practices Act ("FDCPA") Notice of Proposed Rulemaking ("Proposals") and Request for Public Comment. The Bureau...more

Ballard Spahr LLP

False Representation Must Be Material to Violate FDCPA, Second Circuit Rules

Ballard Spahr LLP on

Resolving tension between New York and federal law, the U.S. Court of Appeals for the Second Circuit has ruled that a debtor must show that a debt collector's alleged false representation was material for it to be a "false,...more

Balch & Bingham LLP

SCOTUS’s FDCPA Opinion in Henson v. Santander: It’s Not Debt Collection When You Own It

Balch & Bingham LLP on

Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more

Manatt, Phelps & Phillips, LLP

Deferred-Interest Loan Products Cost Issuer $700,000 in CFPB Deal

Why it matters - Allegedly deceptive enrollment tactics by third-party marketers cost the issuer of healthcare credit cards $700,000 in a settlement with the Consumer Financial Protection Bureau (CFPB). Springstone...more

Ballard Spahr LLP

CFPB announces settlement with processors of military allotments

Ballard Spahr LLP on

The CFPB has announced a settlement with two companies that processed military allotments and were alleged to have charged fees to servicemembers that the companies failed to adequately disclose. The consent order requires...more

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