Photo of Mark J. Windham

Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.

On April 15, the Consumer Financial Protection Bureau and the Federal Housing Finance Agency (FHFA) announced a joint initiative known as the Borrower Protection Program (Program), through which the CFPB and FHFA will share servicing information during the coronavirus (“COVID-19”) national emergency.

The CFPB currently processes consumer

On March 31, the Consumer Financial Protection Bureau (“the Bureau”) published an online guide (available here) for consumers seeking financial relief options for mortgage and rent payments in light of the unfolding coronavirus (“COVID-19”) pandemic, with a particular focus on the new federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The guide

In Allen v. Credit Collection Services, the United States District Court for the Eastern District of California recently ruled that a Fair Debt Collection Practices Act plaintiff’s vague, self-serving testimony of oral revocation was insufficient to trump a debt collector’s detailed call records that contained no evidence of revocation. The court’s decision illustrates the

Troutman Sanders recently secured dismissal of a lawsuit filed by a consumer in the U.S. District Court for the Northern District of Georgia, alleging the defendants violated the Fair Debt Collection Practices Act (FDCPA) by improperly adding statutory interest to a charged-off credit card debt in contravention of Georgia’s prejudgment interest statute. The District Court’s

The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying

A recent report issued by the Consumer Financial Protection Bureau Private Education Loan Ombudsman recommends actions against scammers who seek to take advantage of and abuse student loan borrowers by offering no-value and sometimes harmful services.

On October 15, the Consumer Financial Protection Bureau Private Education Loan Ombudsman issued its 2019 Annual Report, which actually

Certified Credit & Collection Bureau (“CCCB”) sent a collection letter to Delia Rodriguez seeking payment of $29.88 for an unpaid medical debt. CCCB’s letter referred to the creditor as its “client” and did not explicitly state that the client was the creditor to whom the debt was owed.

Rodriguez brought a putative class action in

On August 21, the Federal Trade Commission approved a final consent order settling charges that SecurTest, Inc., a background screening company, falsely claimed to be in compliance with international privacy frameworks. 

The EU-U.S. and Swiss-U.S. Privacy Shield frameworks establish standards for the transfer of consumer data from European Union countries and Switzerland to the United

On July 25, the Federal Trade Commission published a request for public comment on its implementation of the Children’s Online Privacy Protection Act (“COPPA”) through the COPPA Rule. 

COPPA regulates how websites and online services collect data and personal information from children. The FTC’s COPPA Rule requires that such operators who collect personal information from

On June 14, the Consumer Financial Protection Bureau announced a settlement that effectively forgives $168 million in private student loans owed by former students of ITT Technical Institute, the for-profit college that filed for bankruptcy in 2016 in the face of regulatory scrutiny concerning its recruitment and student loan practices. The settlement is with Student