The next generation of federal student loan servicing is scheduled to debut in 2019. The Department of Education’s new platform, called Next Generation Financial Services Environment (or “NextGen”), aims to integrate the entire student-loan process—from submitting the Free Application for Federal Student Aid (“FAFSA”) through payment, processing, and service—into a single website. But NextGen
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging through use of autodialed text messaging (“robotext”)-blocking, anti-spoofing measures, and other anti-spam features.
Calls to reassigned numbers can be
In March 2018, the Predatory Lending Unit of the Virginia Attorney General Office’s Complaint against online lender Future Income Payments (“FIP”) began with the words of Sir Walter Scott: “what a tangled web we weave when we first practice to deceive.”[1] The lawsuit charged FIP with disguising unlawful loans – in excess of 183%
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama’s dismissal of a consumer’s claim under § 1692g of the Fair Debt Collection Practices Act because he failed to state a plausible claim for relief.
Among other things, § 1692 of the FDCPA requires a debt collector to “send the consumer a
As Congress’ emboldened majority has sought to lessen the federal government’s regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
In 2017, two congressmen introduced two bills which, if enacted, would expand the scope of federal preemption to include non-bank entities. Introduced by Rep. Patrick McHenry (R-N.C.), the
On November 16, Sen. John Thune (R-S.D.), the current chairman of the Senate Commerce Committee, and Ed Markey (D-Mass.), a member of the committee and the author of the Telephone Consumer Protection Act, unveiled the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”). Among other things, this bill would require carriers to eventually
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America. Its November 13, 2018, certiorari grant means that the Supreme Court should decide whether the Federal Communications Commission (FCC) or the courts will dominate
The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General’s website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts. The Massachusetts Attorney General’s website now indicates the following:
The Attorney General has issued debt collection regulations that establish standards by defining unfair and deceptive acts
The Federal Trade Commission proposed a rule requiring consumer reporting agencies to provide free credit monitoring service to active duty military members that would electronically notify these consumers of “material” changes to their file within 24 hours. The deadline to submit comments on the proposed rule is January 7, 2019.
The proposed rule implements the