On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB...more
6/15/2023
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
Depositions ,
Discovery ,
Discovery Disputes ,
Discovery Violations ,
FRCP 37(b) ,
Motion for Sanctions ,
Sanctions
In a recent opinion, the Second Circuit considered a second challenge to the funding structure of the CFPB, upholding it as constitutional.
On October 19, 2022, this issue was first considered by the Fifth Circuit in...more
On Monday, February 27, the United States Supreme Court granted the petition for a writ of certiorari in the case Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448,...more
In Macris v. Specialized Loan Servicing, LLC, 2022 WL 16727611 (2d Cir. Nov. 7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair...more
In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more
4/11/2022
/ Article III ,
Debt Collection ,
Debt Collectors ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Putative Class Actions ,
Standing ,
Statute of Limitations ,
Time-Barred Debt
The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that...more
2/4/2022
/ Article III ,
Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
En Banc Review ,
FDCPA ,
Financial Services Industry ,
Personal Information ,
Standing ,
Statutory Violations ,
Third-Party Service Provider
Introduction -
The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs). In addition to imposing duties on the CRAs,...more
In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire. With this deadline fast approaching, the Biden administration announced a new mortgage relief plan...more
7/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Veterans Affairs ,
Eviction ,
Federal Housing Administration (FHA) ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants ,
USDA
On May 5, 2021, the United States District Court for the District of Columbia issued an opinion that the Centers for Disease Control and Prevention (“CDC”) exceeded its statutory authority by issuing and extending a...more
7/9/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Denial of Certiorari ,
Eviction ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Relief Measures ,
Rental Property ,
SCOTUS ,
Tenants
On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Chevron Deference ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Eviction ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
Stays ,
Tenants ,
Vacated
WHAT MATTERS -
The industry practice is to set the Payment Rating to a code of 0 if the account was current on the closing date or to a code of 1-6 reflecting that the account was past due when it was paid off. This...more
Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt...more
12/7/2020
/ Child Support ,
Consumer Financial Products ,
Consumer Lenders ,
Coronavirus/COVID-19 ,
Debt Collection ,
Eviction ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Infectious Diseases ,
Moratorium ,
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