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Over the past year, several states have passed legislation aiming to regulate the student loan servicing industry due to a perceived failure by the federal government to more heavily regulate it nationwide.

Troutman Sanders attorneys have ample experience defending against laws and regulations similar

A recent ruling by the U.S. Court of Federal Claims has made it more likely that an ambitious overhaul of the federal student loan servicing industry will be forthcoming.

As background, the U.S. Department of Education has announced plans to make sweeping changes to the student loan industry by requiring that its loan servicers be

On June 20, following unanimous approval by the state legislature, the governor of Maine enacted a new set of laws – “the Student Loan Bill of Rights” – designed to regulate the student loan servicing industry.

The new laws, enacted for the benefit of Maine residents obligated on a student loan as a

On May 29, medical software company Medical Informatics Engineering, Inc. and its subsidiary NoMoreClipboard, LLC settled a first-of-its-kind lawsuit brought by several state attorneys general alleging violations of the Health Insurance Portability and Accountability Act following a data breach. 

The multi-state lawsuit, filed in the U.S. District Court for the Northern District of Indiana, alleged

In Abdollahzadeh v. Mandarich Law Group, LLP, the Seventh Circuit affirmed summary judgment for a debt collector under the Fair Debt Collection Practices Act, finding that its procedures to prevent the collection of a time-barred debt were reasonable enough to support a bona fide error defense. 

As background,

Distinguishing some recent cases, the U.S. District Court for the Eastern District of New York clarified that a debt collector who discloses the current amount due in an initial communication has fewer obligations under the Fair Debt Collection Practices Act than a debt collector that provides the amount due as of a future date.

Generally,

On February 25, the Federal Trade Commission announced that it had finalized a consent order settling its claims against online lender SoFi in connection with SoFi’s allegedly misleading advertising of its student loan refinancing products.   

The FTC issued a complaint in October 2018 alleging that SoFi, for more than two years, had overstated the

On January 25, the Consumer Financial Protection Bureau posted a list of four frequently asked questions, or “FAQs,” clarifying some aspects of the TILA-RESPA Integrated Disclosure Rule (TRID Rule). 

The TRID Rule, which applies to many consumer mortgage loans, consolidated the various disclosure forms that were required

In a recent opinion, the U.S. Court of Appeals for the Fifth Circuit recently confirmed that an original mortgage lender cannot be held vicariously liable for violations of the Real Estate Settlement Procedures Act (RESPA) regulations pertaining to loss mitigation allegedly committed by a loan servicer.

In defense to a Texas

Effective July 1, 2018, Virginia’s unlawful detainer laws were amended to include new language beneficial to mortgagees and other foreclosure sale purchasers who seek to recover possession of foreclosed property by filing suit in a general district court.   

A new subsection of the statute, Virginia Code § 8.01-126(C)(4), codifies common law and confirms that a