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
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
11/19/2020
/ CARES Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Forbearance Agreements ,
Foreclosure ,
Homeowners ,
Mortgages ,
Student Loans
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
10/13/2020
/ Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Forbearance Agreements ,
Governor Newsom ,
Loan Servicer ,
Mortgage Lenders ,
Mortgages ,
Payday Loans
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
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
1/7/2020
/ Amended Rules ,
Bonds ,
Class Action ,
Consumer Protection Laws ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Joint and Several Liability ,
Licensing Rules ,
Out-of-State Companies ,
Tort Reform ,
Unfair or Deceptive Trade Practices
In our last article, we discussed the pre-suit notice requirements in the West Virginia Consumer Credit and Protection Act, one of the primary consumer protection statutes under which plaintiffs bring claims related to...more
The West Virginia Legislature is in session and again is considering a bill to reduce penalties available under the West Virginia Consumer Credit and Protection Act ("WVCCPA" or "Act"). The Act is the primary statute under...more
2/4/2019
/ Actual Damages ,
Class Action ,
Consumer Protection Laws ,
Credit Cards ,
Debt Collectors ,
FDCPA ,
Federal v State Law Application ,
Legislative Agendas ,
Mortgagee ,
Penalty Reductions ,
Private Right of Action ,
Proposed Legislation ,
State Legislatures ,
Statutory Penalties ,
Statutory Violations
For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law....more
4/24/2017
/ Balloon Payments ,
Consumer Protection Laws ,
Contract Terms ,
Counterclaims ,
Debt Collection ,
Debt Collectors ,
Legal Representatives ,
Notice Requirements ,
Pending Legislation ,
Pleadings ,
Right To Cure ,
Statute of Limitations