This month, the Consumer Financial Protection Bureau (“CFPB”) is actively finalizing a policy that will allow consumers to voice their opinions on financial companies, and the products they offer — consumer complaints can be made publicly or maintained privately. Specifically, the CFPB’s policy will allow consumers, when submitting a complaint to the CFPB, to choose
David N. Anthony
David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.
Firm and Pro Se Plaintiff Face Sanctions for Failing to Hold Settlement Conference in Debt Collection Suit
A dispute over the scheduling of a settlement conference ended with a California federal judge ordering a law firm and a pro se plaintiff to explain why they should not be disciplined for missing a deadline set by the court.
U.S. District Judge John F. Walter gave law firm Lewis Brisbois Bisgaard & Smith LLP…
CFPB Announces Payday Lending Field Hearing
The Consumer Financial Protection Bureau announced that it will be hosting a field hearing in Richmond, Virginia on payday lending. The hearing will take place on March 26 at 12:00 noon.
The hearing will feature remarks from CFPB Director Richard Cordray, as well as testimony from consumer groups, industry representatives, and members of the public.…
Multiple Bills to Reform CFPB Again Pending in House of Representatives
Following up on the failure in 2014 to implement changes to the CFPB through legislative action, on March 5, U.S. Rep. Sean Duffy (R-Wis.) reintroduced a package of bills seeking to make changes to the CFPB’s leadership structure, how data is collected from consumers, and more.
Representative Duffy is the Chairman of the House Financial…
Did You Hear That? CFPB Report to Congress Sounds Death Knell for Arbitration Clauses
As anticipated, yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services. According to the CFPB, the study’s results “indicat[e] that arbitration agreements restrict consumers’ relief for disputes with financial service providers by limiting class…
CFPB’s Field Hearing on March 10, 2015 on Arbitration Expected to Coincide With Release of Its Report to Congress on the Use of Pre-Dispute Arbitration Clauses
On March 10, the CFPB will hold a field hearing on arbitration at 11 a.m. in Newark, New Jersey.
The event will include remarks by Richard Cordray, head of the Consumer Financial Protection Bureau, and will be held at the J. Harry Smith Lecture Hall at Essex Community College, 303 University Avenue. Tomorrow’s field hearing…
Court Rejects Proposed Class Action Notice Plan Involving Untargeted Social Media Notification to Class Members
On March 5, a judge in the United States District Court for the Southern District of New York rejected a plaintiff’s proposal to notify proposed class members of a Fair Labor Standards Act lawsuit filed by a group of former interns against Gawker via various social media platforms, including Reddit and Tumblr pages, LinkedIn, and…
Georgia Governor’s Office of Consumer Protection Enters into $13 Million Settlement with Debt Collector
The Georgia Governor’s Office of Consumer Protection (“GOCP”) issued a statement on March 5, announcing a $13 million settlement with RSB Equity Group, LLC (“RSB”) and its principal, Roy Mullman. The settlement resolved charges that the company committed multiple violations of the Fair Debt Collection Practices Act and the Georgia Fair Business Practices Act. More…
Third Circuit Finds That If the Settlement Does Not Fit, You Must … Revisit
On February 24, the United States Court of Appeals for the Third Circuit addressed, for the second time, an appeal arising out of the Delaware Chapter 11 bankruptcy of SCH Corp., American Corrective Counseling Services, Inc., and ACCS Corp (collectively referred to here as “the Debtors”). (The U.S. Bankruptcy Court for the District of Delaware…
NY Department of Financial Services Answers FAQs Regarding New Debt Collection Regulations
On February 19, 2015, the New York Department of Financial Services (DFS) issued guidance in the form of FAQs on its recently-enacted debt collection regulation (23 NYCRR 1). The guidance came in response to calls from many significant players in the debt collection industry – including ACA International – to explain certain groundbreaking aspects of…