News & Analysis as of

Capital One Financial Institutions

MoginRubin LLP

Why the Capital One-Discover Merger Makes Sense

MoginRubin LLP on

When federal agencies review bank mergers, the competition issues typically relate to the number and location of physical branches and the extent of any overlap in the areas served. By contrast, the proposed $35 billion...more

Proskauer - The Capital Commitment

FinCEN’s $390 Million case against Capital One – And What it Means for AML Enforcement

As the financial services industry prepares for expanded criminal and civil enforcement under the Bank Secrecy Act (“BSA”) with the passage of the Anti-Money Laundering Act of 2020, FinCEN’s recent case against Capital One...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Back to Basics: Valuable Reminders from Capital One's Data Breach

In March 2019, Capital One experienced a significant hacking incident in which a former tech company software engineer for Amazon Web Services (AWS), Capital One’s cloud hosting company, exploited a misconfigured open-source...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

FinCEN is extending its campaign to press title insurance companies to reveal the real buyers behind shell companies that pay cash for high-end real estate deals in select cities around the country....more

BakerHostetler

Are the Patent Trolls Vulnerable to Antitrust Claims?

BakerHostetler on

We previously wrote about the nascent efforts of legislators, regulators, and representa­tives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more

Stinson LLP

CFPB Releases Monthly Complaint Report for September

Stinson LLP on

On October 27, 2015, the Consumer Financial Protection Bureau (CFPB) released its latest Monthly Complaint Report, which provides an overview of three-month trends in consumer complaints. This Monthly Complaint Report also...more

Baker Donelson

Recent Eleventh Circuit Decisions Clarify "Debt Collector" Status Under the FDCPA

Baker Donelson on

Recent decisions within the Eleventh Circuit Court of Appeals have clarified two required elements needed to support a viable claim under the Fair Debt Collection Practices Act (FDCPA). In Davidson v. Capital One Bank (USA),...more

Balch & Bingham LLP

Federal Appeals Court Holds that the FDCPA Means What It Says Regarding Definition of “Debt Collector”

Balch & Bingham LLP on

Lenders and their attorneys generally recognize that lenders who are engaged in collecting their own loans are not “debt collectors” under the Federal Debt Collection Practices Act (“FDCPA”). Debtors and their attorneys...more

Carlton Fields

Eleventh Circuit Says Merely Acquiring Debt in Default is Not Enough to Qualify As "Debt Collector" Under FDCPA

Carlton Fields on

In Davidson v. Capital One Bank (USA), N.A., the Eleventh Circuit affirmed a district court’s dismissal of an amended complaint against Capital One Bank (USA), N.A. (“Capital One”) for alleged violations of the Fair Debt...more

Womble Bond Dickinson

Eleventh Circuit Examines “Debt Collector” Under the FDCPA

Womble Bond Dickinson on

For those tracking Fair Debt Collection Practices Act (“FDCPA”) litigation for financial institutions and loan servicers, an opinion recently issued by the Eleventh Circuit Court of Appeals provides new insight on the...more

Burr & Forman

Eleventh Circuit: Entity Collecting Debt Acquired After Default Is Not Necessarily “Debt Collector” Under FDCPA

Burr & Forman on

In Davidson v. Capital One Bank (USA), N.A., a case closely followed by the financial services industry and handled by Burr & Forman, LLP, the Eleventh Circuit held that an entity collecting a debt that was acquired after...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide