Earlier this month, in Davis v. Carrington Mortgage Services, LLC, et al., the United States District Court for the District of Nevada held that consumer reporting agencies are not obligated to determine the legal status of debts. The Court also reinforced the plausible pleading standard for Fair Credit Reporting Act cases, while providing
The Consumer Financial Protection Bureau issued a final Home Mortgage Disclosure Act (“HMDA”) rule amending Regulation C to adjust institutional and transactional coverage thresholds for closed-end mortgage loans and open-end lines of credit. The final rule permanently raised the threshold to report closed-end mortgage loans from 25 to 100 originated loans in the previous two
On April 17, the Federal Trade Commission filed a complaint against Ponte Investments, LLC – a Rhode Island-based company – and its owner, John C. Ponte, claiming that they misrepresented Ponte Investments as an approved small business lender for the federal coronavirus (“COVID-19”) relief program. The FTC has sought a permanent injunction and other equitable
Like most industries today, consumer finance services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19-related news and developments, recommendations from leading health organizations, and tools
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is the largest economic rescue measure in the history of the United States, making $2.2 trillion available to the public and businesses affected by the coronavirus (“COVID-19”) pandemic. Where there is money, there will be lawsuits by those who did not get it. A class
In July 2019, the Consumer Financial Protection Bureau and the Federal Reserve Board published a final rule on inflation-based adjustments to the dollar amounts under Regulation CC. As a reminder, the increased dollar amounts become effective July 1, 2020.
The Dodd-Frank Act requires adjustments every five years, calculated by the annual percentage increase in the
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
Last week, in Russo v. POM Recoveries, Inc., the United States District Court for the Eastern District of New York denied summary judgment and allowed a suit to proceed against a debt collector for an alleged violation of Section 1692c of the Fair Debt Collection Practices Act. Plaintiff John Paul Russo alleged that POM violated
Earlier this week, millions of Americans began receiving direct deposits from the federal government as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law last month. Although meant to provide relief to consumers feeling the impact of furloughs and pay cuts as a result of the
Massachusetts Attorney General Maura Healey issued on Tuesday the latest in a series of orders regarding debt collection in the face of the coronavirus (“COVID-19”) outbreak. The most recent guidance document is aimed at protecting the relief payments that many Americans expect to receive in coming weeks thanks to the Coronavirus Aid, Relief,