News & Analysis as of

Servicemembers’ Civil Relief Act

Hudson Cook, LLP

CFPB Issues SCRA Paper Identifying Underused Benefits

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A couple of months ago, the Consumer Financial Protection Bureau issued a research paper it said revealed that many active duty servicemembers who were entitled to interest rate reductions under the federal Servicemembers...more

Cadwalader, Wickersham & Taft LLP

CFPB and DOJ Send Clear Message Regarding Servicemembers to the Auto Industry 

Following the Consumer Financial Protection Bureau’s supervisory observations that the auto finance industry seemed to be struggling with providing adequate consumer protections to servicemembers, the CFPB has joined with the...more

Troutman Pepper

Military Lending Act and Servicemembers Civil Relief Act Overview - The Consumer Finance Podcast

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Please join Consumer Financial Services Partner Chris Willis and his guest and fellow Partner Tony Kaye for this latest podcast episode as they discuss the Military Lending Act and the Servicemembers Civil Relief Act,...more

Obermayer Rebmann Maxwell & Hippel LLP

Homes, HOAs & Harmony?

Homeowners associations, commonly referred to as HOAs, are becoming increasingly popular in many residential communities due to the draw of various amenities and the orderly aesthetic of the homes. An HOA is an organization...more

Troutman Pepper

Recent Federal- and State-Level Servicemembers Civil Relief Act Enforcement Re-Emphasize the Act's Importance

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Federal law and analogous state laws provide a broad array of generous, and often misunderstood, consumer and other protections to military servicemembers enforceable by federal and/or state authorities. Two recent...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 3, Issue 1

Student Loan Forgiveness Updates: New Changes Coming in 2022 for Public Service Borrowers - "Borrowers on track for Public Service Loan Forgiveness, a federal student loan forgiveness program for people devoted to careers...more

Hudson Cook, LLP

DOJ Settles Lawsuit Alleging Violation of Motor Vehicle Lease Termination Protections under the SCRA

Hudson Cook, LLP on

On September 30, the U.S. Department of Justice announced that it settled a lawsuit alleging that a sales finance company violated the early motor vehicle lease termination protections provided to servicemembers under the...more

Troutman Pepper

Department of Justice Enters Into Consent Orders for Violations of the Servicemembers Civil Relief Act

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In late September, the Department of Justice (DOJ) entered into two consent orders to resolve allegations related to violations of the Servicemembers Civil Relief Act (SCRA). The past year has seen an uptick in regulatory...more

Davis Wright Tremaine LLP

Congress Expands Servicemembers Civil Relief Act to Allow Family Members to Terminate Internet, Phone, and Cable Contracts

On January 5, 2021, the Protecting Families of Fallen Servicemembers Act became law, allowing families of U.S. servicemembers and members of the reserve components who die or are seriously injured while in military service to...more

Hudson Cook, LLP

Department of Justice Remains Focused on SCRA Enforcement

Hudson Cook, LLP on

The U.S. Department of Justice continued the pursuit of its civil rights initiatives aimed at enforcement of federal laws that protect servicemembers, veterans, and their families in September by settling with the City of San...more

Williams Mullen

U.S. Attorney for the Eastern District of VA Establishes Civil Rights Enforcement Unit

Williams Mullen on

The U.S. Attorney for the Eastern District of Virginia (EDVA), G. Zachary Terwilliger, announced he is creating a Civil Rights Enforcement Unit in his office that will be dedicated to enforcing the rights of persons with...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 8, October 2020

Servicemembers’ Civil Relief Act - What You Need to Know - Between the Civil War and 1940, the United States periodically had legislation that prevented lawsuits against soldiers and sailors during times of conflict. Then,...more

Spilman Thomas & Battle, PLLC

Servicemembers’ Civil Relief Act - What You Need to Know

Between the Civil War and 1940, the United States periodically had legislation that prevented lawsuits against soldiers and sailors during times of conflict. Then, the Soldiers’ and Sailors’ Civil Relief Act of 1940 was...more

Hudson Cook, LLP

Towing Companies Sued for Alleged SCRA Violations

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In mid-August, the Department of Justice sued Target Recovery Towing Inc. and Target Recovery & Transport Inc. in Florida federal court for violating the federal Servicemembers Civil Relief Act when, without a court order,...more

McGlinchey Stafford

Massachusetts Moratorium Marches On

McGlinchey Stafford on

On July 21, Massachusetts Governor Charlie Baker extended the moratorium on evictions and foreclosures in Massachusetts (which was set to expire on August 18, 2020) by 60 days to October 17, 2020, due to the ongoing...more

K&L Gates LLP

North Carolina Servicemembers Civil Relief Act: An Expansion of Existing Federal Protections

K&L Gates LLP on

Within the past several years, North Carolina and the federal government have enacted a number of protections for consumers in various aspects of litigation. For example, Congress recently enacted the Coronavirus Aid, Relief,...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

Goodwin

Mortgage Servicer Enters in to $225 Million Consent Order with California DBO

Goodwin on

On February 17, 2017, the California Department of Business Oversight (California DBO) announced that it had entered in to a $225 million consent order with a national mortgage servicer following an investigation by a...more

Patrick Malone & Associates P.C. | DC Injury...

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

MoFo Reenforcement

CFPB Increasingly Aiming “Abusiveness” Claims at Servicemember Products and Services

MoFo Reenforcement on

Are servicemembers more financially vulnerable than the civilians they protect? Recent enforcement actions suggest that, in the CFPB’s view, they are. While the Servicemembers Civil Relief Act (SCRA) provides more financial...more

Burr & Forman

Battling on the Front Lines of Foreclosures: What must a Lender consider and do when foreclosing on a property owned by a...

Burr & Forman on

A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a servicemember-owner is entitled to protections from foreclosure based on his or her status as...more

Snell & Wilmer

Servicemembers Civil Relief Act: Critical Takeaways

Snell & Wilmer on

After many years of U.S. military mobilizations and overseas deployments since 2001, our clients have learned some valuable lessons about consumer rights and privileges triggered by military service. Here are some of the...more

Spilman Thomas & Battle, PLLC

Financial Institutions and Creditors’ Rights: Ninth Circuit Finds SCRA Liability Based on Prior Servicer’s Actions

The Servicemembers Civil Relief Act (“SCRA”) was signed into law in 2003, greatly expanding prior legislation in order to better assist servicemembers in avoiding default and foreclosure while they are on active duty. The...more

Ballard Spahr LLP

Banking industry trade groups oppose expansion of Military Loan Act coverage

Ballard Spahr LLP on

Six banking industry trade groups, including the American Bankers Association, the Consumer Bankers Association and the Financial Services Roundtable, have sent a comment letter responding to a Department of Defense (DOD)...more

Partridge Snow & Hahn LLP

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

The Massachusetts Supreme Judicial Court, in HSBC Bank USA, N.A., Trustee v. Jodi B. Matt, No. 11101 (Jan. 14, 2013), recently clarified the issue of standing for both plaintiffs and defendants in actions under the...more

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