On June 12, the Supreme Court of Appeals of West Virginia reversed a Circuit Court ruling and stated that a high volume of telephone calls from a debt collector to a consumer, absent any evidence the debt collector placed the calls with an intent to annoy, abuse, oppress, or threaten the consumer, is not sufficient
CFPB Attempts to Sound Death Knell for Consumer Class Action Waivers Used by Financial Institutions
On May 5, 2016, the CFPB announced proposed rules that would further restrict the ability of financial institutions to enter into mandatory arbitration clauses with consumers, including an outright ban on provisions that would prohibit consumers from pursuing class actions in court. The proposed rules do not forbid all mandatory arbitration clauses, however. Financial institutions
Federal Court in Illinois Holds That “Nonsensical” String of Letters and Numbers on Debt Collection Envelope Does Not Violate FDCPA
On September 3, Judge Edmond E. Chang of the Northern District of Illinois issued a decision stating that the display of a series of letters and numbers – in which the debtor’s account number was allegedly embedded – through an envelope window does not violated the Fair Debt Collection Practices Act.
In Schmid v. Transworld
Hanna Seeks Interlocutory Appeal in Lawsuit Filed by CFPB
As previously reported, a federal judge in Atlanta denied a law firm’s motion to dismiss a claim against it filed by the Consumer Financial Protection Bureau for violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act or the Dodd-Frank Act. On July 27, Frederick J. Hanna & Associates filed
Do Statutes Of Limitation Apply To The CFPB After All?
On July 14, a federal judge in Atlanta denied Frederick J. Hanna & Associates’ motion to dismiss in Consumer Financial Protection Bureau v. Frederick J. Hanna & Associates PC, which the CFPB filed against the law firm arising out of alleged violations of the Fair Debt Collection Practices Act and Consumer Financial Protection Act.
CFPB Director Cordray Defends Consumer Data Collection Practice
On Wednesday, July 15, CFPB Director Richard Cordray assured the Senate Banking, Housing and Urban Affairs Committee, as well as the public, that data collected by the CFPB could not be used to personally identify any consumer. A September report by the U.S. Government Accountability Office found that the CFPB collects information on 700,000 car
Judge Denies Law Firm’s Motion to Dismiss Debt Collection Lawsuit Filed by CFPB
On July 14, 2015, a federal judge in Atlanta denied a law firm’s Motion to Dismiss a claim against it filed by the Consumer Financial Protection Bureau (“CFPB”) for violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Consumer Financial Protection Act or the Dodd-Frank Act (“Dodd-Frank”).
The CFPB filed suit against a
CUNA Calls for Additional Oversight of CFPB
Representatives from the Credit Union National Association (CUNA) addressed the Senate Banking Committee on July 14 in advance of the Committee’s July 15 Hearing with Director Richard Cordray of the Consumer Financial Protection Bureau (CFPB).
CUNA representatives recommended that Congress clarify and expand the CFPB’s exemption authority. This would permit the CFPB to further exempt
New York’s Highest Court Holds New York City Law Imposing Requirements on Lawyers Engaging in Debt Collection Practices is Not Preempted
On June 30, the Court of Appeals of New York answered questions certified from the Second Circuit regarding whether a New York City law imposing certain requirements on attorneys engaged in debt collection practices is preempted by state law.
Local Law 15, which was enacted in 2009, expanded an earlier definition of debt collection agencies
New York DFS Clarifies Debt Collection Requirements
On June 16, 2015, the New York State Department of Financial Services (“DFS”) released additional guidance related to its recently enacted debt collection regulations. The new clarifications supplement DFS’ initial set of “Frequently Asked Questions” released in February, with new guidance beginning at Question #17. DFS announced publication of the supplemental guidance during a