FDCPA, CFPB | JD Supra Law News

The Fair Debt Collection Practices Act—Hope on the Horizon for Debt Collectors?

by Joseph Guarino, Patrick Lucignani | Epstein Becker & Green, P.C. on 4/10/2013

Debt collection is big business—easily a multibillion-dollar industry. In 2012, approximately 30 million individuals, or 14 percent of American adults, had debt (averaging about $1,500) that was or had been subject to the...more

CFPB files amicus brief in Second Circuit ILSA case

by Sarah Reise | Ballard Spahr LLP on 4/2/2013

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also...more

CFPB Presents Annual FDCPA Report

by BuckleySandler LLP on 3/29/2013

On March 20, the CFPB presented to Congress its annual report on implementation and enforcement of the FDCPA. The report (i) summarizes the Bureau’s Consumer Response function, which does not currently cover debt collection...more

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

by Rachel Cash, David Elliott, Kristin Peters, Jordan Teague | Burr & Forman on 3/27/2013

In This Issue: - Recent Cases ..CFTC Jurisdiction Under the Commodity Exchange Act ..Dodd-Frank Amendment to the TILA ..Preemption ..Say-On-Pay Voting ..Pre-Dispute Arbitration Agreements ...more

CFPB Issues Second Annual Report on FDCPA Activities

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 3/27/2013

The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013....more

The Debt Collection Industry And The CFPB: The Beginning Of A Supervisory Relationship And Specific Concerns For Attorneys

by Zachary Miller, Frank Springfield | Burr & Forman on 3/25/2013

Originally Published in ABA's Business Law Today - March 2013. Prior to the enactment and implementation of Title X of the Dodd-Frank Act (Pub. L. No. 111-203, 124 Stat. 1376 (2011)), the actions of the nation's large...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 22, 2013

by BuckleySandler LLP on 3/25/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - E-COMMERCE -...more

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

Community Banking Excellence - First Quarter 2013

by Timothy R. Moore, Bryan G. Scott, Hugh B. Wellons | Spilman Thomas & Battle, PLLC on 3/8/2013

In This Issue: - Conversation with a Community Banking Professional: Ginger Salt of First Community Bank - Are You Using Your Holding Company? - Shifting Winds? Two N.C. Courts Uphold Fiduciary Duty...more

Supreme Court rejects CFPB position in FDCPA case

by Barbara S. Mishkin | Ballard Spahr LLP on 3/4/2013

A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled...more

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 3/1/2013

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

FTC Recaps Debt Collection Activities For Annual CFPB Report

by BuckleySandler LLP on 2/26/2013

On February 1, the FTC sent a letter to the CFPB describing the FTC’s debt collection-related activities over the past year. The responsibility to report to Congress each year on implementation and enforcement of the FDCPA...more

FTC Continues To Target Debt Collectors and Debt Relief Companies

by John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Heather Klein, Glen Trudel, Christopher J. Willis | Ballard Spahr LLP on 2/11/2013

The Federal Trade Commission’s continuing focus on the debt collection and debt relief industries was clearly demonstrated by several recently announced lawsuits and settlements....more

Sixth Circuit Holds that Mortgage Foreclosure and Foreclosure Lawyers are Subject to the FDCPA

by Victoria Holstein-Childress | Reed Smith on 2/4/2013

Overview - The U.S. Court of Appeals for the Sixth Circuit recently held that mortgage foreclosure actions are "debt collection" under the Fair Debt Collection Practices Act (FDCPA). Glazer v. Chase Home Finance LLC, No....more

Mortgage Banking Update - January 25, 2013

by Richard J. Andreano, Jr., Barbara S. Mishkin, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/25/2013

In This Issues: - CFPB Generates Flurry of New Mortgage Banking Industry Rules - CFPB Issues Final ECOA Appraisal Rule - 20 State Agencies Adopt Uniform State MLO Testing - Mortgage Foreclosure Is Debt...more

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/24/2013

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 18, 2013

by BuckleySandler LLP on 1/22/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - E-COMMERCE - PRIVACY/DATA SECURITY - PAYMENTS -...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 11, 2013

by BuckleySandler LLP on 1/17/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - Excerpt from...more

CFPB Examination Procedures for Student Lenders

by Jonathan L. Pompan | Venable LLP on 1/7/2013

The Consumer Financial Protection Bureau (“CFPB”) has released procedures it will use in examining student lenders. The Student Lending Examination Procedures, available here, set forth the CFPB’s examination objectives and...more

Mortgage Banking Update - November 30, 2012

by Richard J. Andreano, Jr., John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 11/30/2012

In This Issue: - CFPB and FTC Announce Joint Action Against Mortgage Advertisers - Temporary Exemptions Adopted for Mortgage Disclosures - Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking...more

Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking Location Information

by John L. Culhane, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 11/21/2012

The U.S. Court of Appeals for the Fourth Circuit recently affirmed, in an unpublished opinion, a district court's entry of summary judgment in favor of a debt collector that was sued by the debtor’s brother-in-law over the...more

Under the microscope: A brief history of UDAP laws and predictions for post-Dodd Frank developments

by Kirk Jensen on 10/27/2010

"This article reviews the history of UDAP from its antitrust origins to today's consumer protection focus, and outlines the Federal Trade Commission's test for unfair trade practices. The authors believe UDAP's history is not...more

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FDCPA › Consumer Financial Protection Bureau