On January 31, 2019, Senator Mike Azinger introduced Senate Bill 495 to the West Virginia Legislature (referred to the Judiciary Committee). The Bill proposes amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), W. Va. Code § 46A-5-101, which are intended to “bring the Act in conformity with the federal Fair Debt Collection
On January 29, the District Court in Georgia, in Jones v. Jason A. Craig and Associates, P.C., denied a motion for judgment on the pleadings by a defendant-collections law firm seeking dismissal of a Fair Debt Collection Practices Act claim. Plaintiff John Jones alleges that the law firm’s use of “& Associates,” as
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
Nearly every American with a cellphone has had it happen to them. You receive a call from an unknown number with an automated message pitching refinance options for the loan you don’t have, or consolidation options for the student loan you already paid off.
In a new report released by Hiya, a Seattle-based spam-monitoring service,
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
A recent immigration proposal from the Trump administration seeks to require the use of credit reports and scores as part of the U.S.’s immigration and green card review process. The proposal, which specifically notes the Fair Credit Reporting Act in discussing an applicant’s requirement to provide (and sometimes pay for) a credit report, will also
In what could be seen as an early holiday present to those institutions often entangled in Telephone Consumer Protection Act litigation, a district court in the Eleventh Circuit not only denied certification in a TCPA wrong number class action, but also struck down common methods used by plaintiffs to ascertain class members. Going further, the
On November 28, Senators Dianne Feinstein (D-Calif.) Richard Blumenthal (D-Conn.), and Amy Klobuchar (D-Minn.) introduced the REAL PEACE Act, short for “Robocall Elimination At Last Protecting Every American Consumer’s Ears.” The goal of the legislation is to provide the Federal Trade Commission with the power to regulate companies that facilitate robocalls and, of particular importance,
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
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or “ATDS,” for purposes of liability under the Telephone Consumer Protection Act? In a significant decision, a District Court in the First Circuit held that it does.
In Hatuey v. IC System, Inc., plaintiff Josie Hatuey alleged that ICS violated