Seventh Circuit rules Disclosure of Personal Information to Vendor is not an Injury
CFPB Advisory Opinion on Time-barred Debt Collection - The Consumer Finance Podcast
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Connecticut Collections: How to get paid if you are owed money? Part 1: Pre and Post-Judgement Collection Specifics
Can My Creditors Put me In Jail?
20 Things a Debt Collector Can't Do
5 Reasons Consumers Should File an FDCPA Lawsuit
The TCPA: Basics, Targeted Industries, and Trends
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
After more than seven years of litigation, on September 12, 2024, the CFPB filed the Stipulated Order reflecting its settlement with the Company over alleged violations of the CFPA, FCRA, and FDCPA....more
On August 16, the U.S. SNDY dismissed as time-barred a student loan debt class-action brought against student loan trusts, servicing agents and a law firm. The suit, brought by a class of New York residents holding student...more
Welcome to the Debt Collection and Debt Settlement chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - Enforcement actions related to debt collection and debt...more
In this article, we share a timeline of our monthly "bites" for 2023 applicable to debt collection. If debt collection in 2023 had a theme it would be medical debt....more
On November 20, 2023, the Consumer Financial Protection Bureau (CFPB) announced that, in conjunction with 11 states, it entered into a stipulated final judgment with a Delaware-based vocational education company that...more
On November 20, Delaware Attorney General (AG) Kathy Jennings, along with the Consumer Financial Protection Bureau (CFPB) and 11 other states, announced a settlement in excess of $30 million with Prehired LLC and affiliated...more
As a collection and banking attorney, I am often asked whether (or when) I think collections will restart now that we are somewhat “beyond” COVID-19, although not fully. In my own practice I have seen an increase in demand...more
A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more
On July 13, 2023, the CFPB and various state attorneys general, along with California’s Department of Financial Protection and Innovation, filed an adversary proceeding against a sales training company for deceptive...more
On January 26, the U.S. District Court for the Western District of Washington denied a plaintiff’s motion for class certification and denied motions for summary judgment from defendants in an FDCPA case stemming from a...more
'Tis the season for returning to school and learning something new. When I was growing up, we learned the long multiplication algorithm by which you multiply numbers right to left, insert zeros along the way, write some...more
The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute such as the Fair Credit...more
The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. According to a recent Tenth Circuit decision, however, the standard should be...more
On May 2, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) published its spring 2022 Supervisory Highlights report. As discussed in more detail below, the report addresses observations made in examinations...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
What to Expect as Education Department Gets Ready to Resume Student Loan Payments - "After nearly two years of pausing student loan bills, the U.S. Department of Education is trying to figure out how to start collecting...more
President Biden Extends Pause on Student Loan Payments to 2022 - "Student loan payments have been paused since Congress passed the CARES Act in March of last year but were due to resume in September." Why this is...more
TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit - "The policy at issue has an exclusion for claims 'arising out of'...more
The Pennsylvania Attorney General recently entered into an Assurance of Voluntary Compliance with Elevation Capital Partners, LLC, a buyer of private student loans, that prohibits Elevation from engaging in any collection...more
On April 6, 2021, the Pennsylvania Attorney General (Pennsylvania AG) announced that it reached an agreement with a Texas-based debt buyer concerning a portfolio of student loan debt it purchased from a now-defunct for-profit...more
The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not...more
“Just Send a Venmo!”…To a Collection Agency? As a result of COVID-19, many businesses are leery of handling cash, credit cards, or debit cards, and consumers feel concerned about using paper money and coins. It is...more
Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place...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
On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule (the Rule) amending Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The Rule modernizes requirements...more