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Pierre v. Midland Credit: Three Significant Lessons for Debt Collectors

by Locke Lord LLP on

On February 5, 2018, debt collectors took a significant defeat in the United States District Court for the Northern District of Illinois in Pierre v. Midland Credit Management, Inc., 1:16-cv-02895. Judge Henry D. Leinenweber...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Joseph Siegelman Declares Candidacy for Alabama Attorney General- Democrat Joseph Siegelman, a Birmingham personal injury attorney and the son of former Alabama governor Don Siegelman, announced...more

CFPB Issues a Request for Information Regarding Administrative Adjudications

by Weiner Brodsky Kider PC on

The CFPB has issued a Request for Information, seeking comments from the public regarding how it might better improve its administrative adjudication processes, including the Rules of Practice for Adjudication Proceedings...more

D.C. Circuit Upholds CFPB’s Constitutionality: Why the PHH Case Underscores the Importance of Internal Agency Discipline

by Dorsey & Whitney LLP on

On January 31, the U.S. Court of Appeals for the D.C. Circuit issued a plurality opinion en banc that confirmed the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) governance by a sole Director, while...more

4th Circuit Defines “Defendant” Narrowly under CAFA for Federal Jurisdiction

by Weiner Brodsky Kider PC on

The Fourth Circuit recently reaffirmed its holding in Palisades Collections LLC v. Shorts, 552 F.3d 327 (4th Cir. 2008), that an additional counter-defendant is not entitled to federal removal jurisdiction under the Class...more

Five amicus briefs filed in support of English appeal

by Ballard Spahr LLP on

Five amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of Leandra English. Ms. English has appealed the district court’s denial of her preliminary injunction motion in her action...more

Financial Services Weekly News - February 2018

by Goodwin on

Editor's Note - In This Issue. State regulators agreed to a multistate compact to standardize key components of the licensing process for money services businesses (MSBs); the Board of Governors of the Federal Reserve...more

Just Before the Super Bowl, the D.C. Circuit in PHH Mortgage gives Industry a Field Goal, Withholds Touchdown

Following nearly three years of litigation, the D.C. Circuit handed down a 7 to 3 ruling in PHH Corp. v. Consumer Financial Protection Bureau. The two hundred fifty page opinion addressed not only the constitutional...more

Eastern District of New York Court Holds Debt Collection Letter Stating Settlement May Have Tax Consequences Does Not Violate the...

by Blank Rome LLP on

In Ceban v. Capital Management Services, L.P., Case No. 17-cv-4554 (E.D.N.Y. Jan. 17, 2018), the District Court held that the statement “[t]his settlement may have tax consequences” in a debt collection letter does not...more

10th Circuit Rules FDCPA Does Not Apply to Non-Judicial Foreclosure Proceedings

by Weiner Brodsky Kider PC on

The Tenth Circuit Court of Appeals recently held that a non-debt collector defendant seeking a non-judicial foreclosure was not liable to a borrower/plaintiff for alleged violations of the Fair Debt Collection Practices Act...more

Win Some, Lose Some: Trump Gets A Loss And A Win In The Fight To Control The CFPB

by Seyfarth Shaw LLP on

Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more

Seventh Circuit Rejects Use of Miller "Safe Harbor" Language When a Debt Cannot Increase

by Ballard Spahr LLP on

Safe harbor language is not always safe, as illustrated by a recent decision of the U.S. Court of Appeals for the Seventh Circuit Court of Appeals in Boucher v. Finance System of Green Bay....more

Oral argument set for April 12 in English preliminary injunction appeal

by Ballard Spahr LLP on

The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral argument on April 12, 2018 in Leandra English’s appeal of the district court’s denial of her preliminary injunction motion in her action seeking a...more

7th Circuit Finds Debt Collector Misused “Safe Harbor” Language in its Dunning Letter to Creditors

by Weiner Brodsky Kider PC on

The Seventh Circuit Court of Appeals recently reversed a district court decision regarding a debt collectors’ use of “safe harbor language” in a dunning letter in a Fair Debt Collection Practices Act (FDCPA) class action...more

Court dismisses credit union’s lawsuit challenging Mulvaney’s appointment

by Ballard Spahr LLP on

The U.S. District Court for the Southern District of New York has dismissed for lack of Article III standing the lawsuit filed by a credit union challenging President Trump’s appointment of Mick Mulvaney as CFPB Acting...more

District Court Dismisses Suit Over Collection Letter

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. ...more

Back from the Dead: The D.C. Circuit Breathes Life Into RESPA Section 8 Safe Harbor

by K&L Gates LLP on

Through its recent en banc decision in PHH Corp. v. Consumer Financial Protection Bureau, the D.C. Circuit reinstated the holding of the three-judge panel regarding the safe harbor provision in Section 8(c) of the Real Estate...more

An En Banc Panel of the DC Circuit Court of Appeals Upholds the Constitutionality of the CFPB

On October 11, 2016, a panel of the U.S. Court of Appeals for the District of Columbia consisting of Judges Henderson and Kavanaugh and Senior Circuit Judge Randolph decided the case of PHH Corp. v. Consumer Financial...more

D.C. Circuit Issues Long-awaited Decision in PHH Corp. v. CFPB, Reinstating the Panel’s RESPA Holdings

by Goodwin on

On January 31, 2018, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), sitting en banc, issued its long-awaited decision in PHH Corp. v. CFPB, holding that the provision of the Dodd-Frank Act shielding the single...more

Long-awaited Decision in PHH Corp. v. Consumer Financial Protection Bureau

by Goodwin on

On January 31, 2018, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, issued its long-awaited decision in PHH Corp. v. CFPB, holding that the provision of the Dodd-Frank Act shielding the single director of...more

PHH v. CFPB: Beyond the Headlines, A Big Win For Industry

by Morrison & Foerster LLP on

There was something for everyone in the long-awaited decision from the en banc D.C. Circuit in PHH Corp. v. CFPB. In the part of the decision that has garnered widespread attention, the D.C. Circuit held that the structure of...more

CFPB’s $287 Million Restitution and Penalties Request Denied

by Weiner Brodsky Kider PC on

The U.S. District Court for the Central District of California recently denied the CFPB’s request for $236 million in restitution and $52 million in penalties against a lender, its president and CEO, and two affiliates...more

CFPB is Constitutional, But Makes $100 Million Mistake In Interpreting the Law

by Clark Hill PLC on

The D.C. Circuit Court of Appeals issued its long awaited decision in PHH v. Consumer Financial Protection Bureau, holding by a 7-3 decision that the Consumer Financial Protection Bureau’s (CFPB or Bureau) single-Director...more

The CFPB is not going anywhere—Except Maybe the U.S. Supreme Court—Following DC Circuit en banc Decision

by Hinshaw & Culbertson LLP on

We've been following PHH's longstanding challenge of the CFPB's imposition of a fine against it for alleged RESPA kickback violations, through which elemental questions regarding the Bureau's constitutionality were tested....more

District court stays proceedings pending outcome of English preliminary injunction appeal; English files opening appeal brief

by Ballard Spahr LLP on

On January 30, 2018, the federal district court hearing Leandra English’s action seeking a declaration that she is the lawful Acting CFPB Director granted the parties joint motion to stay further proceedings pending a...more

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