On May 19, 2014, the Maryland Court of Appeals held that plaintiff-debt buyers that pursue judgments against defaulted debtors based on affidavits must produce certain documents that are “sufficient to pass muster” under the business records exception to the hearsay rule. Nevertheless, the high court further ruled that, once a small-claim action is contested and
FTC Settles $4 Million Enforcement Action Against California Debt Collectors
Asset Capital and Management Group (“Asset”), a debt collector based in Southern California, has agreed to a $4 million settlement with the Federal Trade Commission to resolve allegations that it extorted payments from consumers by using false threats. According to the FTC, Asset and its principals employed a vast network of related companies and used
New York Federal Court Dismisses Class Action Against Credit Card Issuer
Last month, the United States District Court for the Southern District of New York granted a motion to dismiss (opinion here) in favor of a defendant credit card issuer because the plaintiff lacked standing to bring his claims. The plaintiff had received a full refund of the disputed interest charge prior to the filing of
Credit Card Issuer Settles UDAAP Class Action in California
On April 23, 2014, the parties reached a settlement in a putative class action pending in California federal court between a bank credit card issuer and consumers alleging misrepresentations and improper practices related to customer payments. The plaintiffs alleged that the bank misled consumers about how it applied credit card payments to promotional purchases by
FTC Closes Settlement with National Card Monitor, LLC
This week, nearly 5,000 consumers will receive refund checks of $25.13 pursuant to a settlement between the Federal Trade Commission and Arizona-based telemarketing company National Card Monitor, LLC (“NCM”). According to the Commission, NCM began cold-calling consumers in early 2011 and falsely claiming that it could offer low-rate credit cards to consumers, onto which they
FDIC Fines Credit-Card Bank $1 Million
On April 25, 2014, the Federal Deposit Insurance Corporation (FDIC) published an enforcement order showing that Lincoln, Nebraska-based World’s Foremost Bank had agreed to pay $1 million in restitution for deceptive and unfair acts, including the charging of improper fees. The bank is the credit card arm of Sidney, Nebraska-based Cabela’s, a nationwide outdoor retailer.
New Legislation Proposes Amendments to FCRA
On Wednesday, April 9, 2014, Senators Brian Schatz (D-Hawaii) and Sherrod Brown (D-Ohio) announced legislation seeking to amend the Fair Credit Reporting Act (FCRA) to protect consumers from inaccurate credit reports and credit scores. Their legislation, the Stop Errors in Credit Use and Reporting (SECURE) Act, is aimed at easing the process by which
CFPB Annual Report Shows 80% Increase in Consumer Complaints in 2013
In an annual report issued by the Consumer Financial Protection Bureau on Monday, March 31, 2014, the Bureau announced that it had received nearly double the number of consumer complaints in 2013 as compared to 2012. The report noted that 163,700 total complaints were brought to the Bureau’s attention in 2013, a jump from approximately
Ninth Circuit Rejects Argument that Credit Card Fees Violate Substantive Due Process
On February 11, 2013, a panel of the Court of Appeals for the Ninth Circuit rejected the argument of a class of credit cardholders that certain fees imposed by their card issuers were unconstitutional. Their class complaint alleged violations of the National Bank Act (“NBA”) and Depository Institutions Deregulation and Monetary Control Act (“DIDMC”). The
CFPB Calls on Credit Card Issuers to Provide Credit Scores to Consumers
On Thursday, February 27, 2014, the Consumer Financial Protection Bureau (CFPB) encouraged credit card companies to offer consumers their credit scores for free online and in monthly statements – a practice that several issuers have already begun in an effort to distinguish their products in the industry. The CFPB recently sent letters to the nation’s