News & Analysis as of

Creditors Consumer Protection Laws

Ruder Ware

Consumer Collections in Wisconsin

Ruder Ware on

Now that the COVID-19 pandemic has subsided to some extent, banks and lenders are beginning to resume collections.  Further, as interest rates and inflation continue to rise, it is likely that the number of past due accounts...more

McDermott Will & Emery

Temporary Relief for Debt Collectors: 11th Circuit Withholds Hunstein Mandate

On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do Not Apply to Transactions Paid...

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

Hudson Cook, LLP

The City that Never Sleeps on Debt Collection: A Primer on New York City's Debt Collection Regulations

Hudson Cook, LLP on

The New York City Department of Consumer and Worker Protection ("DCWP") (formerly the Department of Consumer Affairs) promulgated new debt collection rules this spring to provide protections to consumers with limited English...more

Miles & Stockbridge P.C.

Congress Considers Expanding Federal Consumer Debt Collection Protections During National Emergencies

With COVID-19 holding the global economy captive, Congress is attempting to head off what they predict will be an economic tidal wave of evictions, foreclosures and civil judgments by introducing The Small Business and...more

Hudson Cook, LLP

Creditors Must Consider Impact of COVID-19 on Administration of Voluntary Protection Products

Hudson Cook, LLP on

In response to the COVID-19 pandemic, creditors across the country continue to strive to balance business continuity challenges and servicing immediate consumer financial needs with public safety. Many creditors have begun...more

Spilman Thomas & Battle, PLLC

Watch List - Proposed Federal Prohibition Against Debt Collection In Times of Disaster/Emergency

While the COVID-19 pandemic has led to the adoption of certain piecemeal consumer protection policies and/or guidances by individual states and the federal government, there have yet to be any sweeping changes to existing...more

Spilman Thomas & Battle, PLLC

How Consumers are Using the West Virginia Collection Agency Act to File Class Actions

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

Spilman Thomas & Battle, PLLC

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

Spilman Thomas & Battle, PLLC

WVCCPA and the 2018 West Virginia Legislative Session Update #1

The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that...more

Goodwin

Student Loan Debt Relief Company Banned from Doing Business in Kansas

Goodwin on

On February 6, 2018, a Kansas state court entered a default judgment against a Florida student debt relief company banning it from doing business in Kansas and ordering it to pay over $39,000 back to one consumer. Kansas...more

Bracewell LLP

United States Supreme Court Limits Definition of Debt Collector Under the Fair Debt Collection Practices Act

Bracewell LLP on

On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition...more

Balch & Bingham LLP

SCOTUS’s FDCPA Opinion in Henson v. Santander: It’s Not Debt Collection When You Own It

Balch & Bingham LLP on

Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more

13 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