On November 19, the United States Court of Appeals for the Eighth Circuit affirmed dismissal of plaintiff borrowers’ claims against a foreclosure trustee and held that the trustee did not breach fiduciary duties by proceeding to foreclosure over borrowers’ objections.
The case centered on an oft-repeated scenario in which plaintiff borrowers were discussing a potential
In recommending that the district court grant the defendant’s motion to dismiss, a magistrate judge in the United States District Court for the Northern District of Georgia recently addressed the contours of 15 U.S.C. § 1681k(a) of the Fair Credit Reporting Act in a way that affirms the disjunctive nature of that statutory provision, and
In March 2014, the Federal Trade Commission issued a bulletin entitled Background Checks: What Job Applicants and Employees Should Know, which set forth and summarized a number of the laws and regulations on the use of employment background checks, both prior to and subsequent to hiring.
In November, the FTC issued a second such
A group of 16 state attorneys general recently wrote Richard Cordray, head of the Consumer Financial Protection Bureau, a letter encouraging the CFPB to take immediate action to crack down on pre-dispute mandatory arbitration clauses in consumer agreements for financial products or services. Specifically, while acknowledging that additional actions may be necessary to “fully address
Thirty-eight state and territorial attorneys general recently sent a letter to the Federal Trade Commission requesting that it update its Telemarketing Sales Rules to help further protect against telemarketing fraud and abuse.
While the state attorneys general support existing Telemarketing Sales Rules, the group listed a number of concerns, including:
On November 25, the Consumer Financial Protection Bureau announced that it plans to push back three key rulemakings until next year. These rulemakings center on overdraft protection, payday lending, and debt collection. The agenda released by the CFPB stated that it would issue proposals on these issues in the first seven months of 2015. This
Florida Attorney General Pam Bondi and the Federal Trade Commission filed two complaints against multiple companies operating “multi-million dollar schemes to sell tech support services to consumers nationwide,” according to a news release by the State Attorney General’s office.
According to Bondi and the FTC, the first complaint alleges that Inbound Call Experts LLC, Super
On November 14, Maine’s Attorney General Janet T. Mills issued a warning to the state’s residents regarding calls from “scammers” demanding immediate payment on supposed debts. Mills’ warning stemmed from many recent reports to her office of aggressive calls from “scammers” attempting to get consumers to make payments by wire transfer or pre-paid debit card.
The Federal Trade Commission has stopped an online program that allegedly lured consumers with “free” access to their credit scores and then billed them a recurring fee of $29.95 per month for a credit monitoring program they never ordered. The defendants are One Technologies LP (also doing business as ScoreSense, One Technologies Inc., and MyCreditHealth);
On November 10, the Supreme Court declined to review an appeal by debt collection law firm Phelan Hallinan & Shmieg LLP over a Third Circuit decision in a class action that held that debtors are not required to dispute a debt under the Fair Debt Collection Practices Act before filing an FDCPA lawsuit.
On June