Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the notification process required by 15 U.S.C. § 1681s-2(b), which foreclosed their private right of action.
The case is Sprague v. Salisbury Bank
A judge in the United States District Court for the Eastern District of California last week established a limit to what constitutes “reasonable means” for a consumer to revoke his or her consent to be contacted by lenders under the Telephone Consumer Protection Act. Granting defendants’ motion for summary judgment in Wright v. USAA
Senators Sherrod Brown (D-Ohio) and Elizabeth Warren (D-Mass.) last week released a proposal for new consumer protection measures that they claim are critical to helping Americans weather the coronavirus (“COVID-19”) pandemic. Noting that the stimulus payments provided by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) may not be enough to cover basic
Massachusetts Attorney General Maura Healey issued on Tuesday the latest in a series of orders regarding debt collection in the face of the coronavirus (“COVID-19”) outbreak. The most recent guidance document is aimed at protecting the relief payments that many Americans expect to receive in coming weeks thanks to the Coronavirus Aid, Relief,
The Department of Housing and Urban Development issued a Mortgagee Letter on April 1 with guidance spelling out how it will implement one of the key provisions of the CARES Act. The Mortgagee Letter spells out special loss mitigation options that mortgagees are required to offer to borrowers on any Federal Housing Administration Title II
The Department of Education announced today that it would defer collection actions on defaulted student loans for at least 60 days as part of the federal government’s overall response to the coronavirus (“COVID-19”) pandemic.
The most significant action mentioned in the announcement is a temporary halt to “Treasury offsets.” This powerful tool allows the Department
In his press conference on March 23, Virginia Gov. Ralph Northam announced sweeping new restrictions on public gatherings and business operations as part of the ongoing effort to combat the coronavirus (“COVID-19”). The new restrictions go into effect at 11:59 p.m. on Tuesday, March 23, and remain in place for 30 days. The press release
On March 19, 2020, New York Governor Andrew Cuomo announced a series of measures designed to ease the economic impact of COVID-19. Most notably to the consumer financial services industry, Cuomo announced that New York would “offer 90-day relief on mortgage payments. Waiving mortgage payments based on financial hardship.” He also said the state would
Another Circuit Court of Appeals has weighed in on the constitutionality of the Consumer Financial Protection Bureau’s structure, on the very day that the Supreme Court of the United States heard argument on the same question. In CFPB v. All American Check Cashing, Inc., et al, a divided panel of the Fifth Circuit held
A recent Fair Debt Collection Practices Act case in Michigan illustrates the importance of attention to detail when operating in a heavily regulated business space such as debt collection. The case is Loewe v. Weltman, Weinberg & Reis Co., L.P.A., from the United States District Court for the Eastern District of Michigan. You can