Overview
President Trump today signed into law H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a $2 trillion relief measure. Title IV, the economic stabilization portion of the CARES Act, contains three sections which dramatically affect businesses in the consumer financial services space. These sections include a foreclosure moratorium on federally-related
On March 26, federal regulators advised financial institutions to consider providing small-dollar loans to cash-strapped consumers during the coronavirus (“COVID-19”) pandemic. Although the guidance encouraged “responsible” lending that is “consistent with sage and sound banking practices and applicable laws, including consumer protection laws,” the joint-agency statement has been criticized by some consumer
Today, Massachusetts Attorney General Maura Healey issued a sweeping emergency regulation instituting a prohibition on debt collectors making outbound debt collection calls or pursuing other debt collection practices as a result of the coronavirus (“COVID-19”) health crisis. These rules take effect on March 28, and end when either of the following occurs: (1) 30 days
The Department of Education announced today that it would defer collection actions on defaulted student loans for at least 60 days as part of the federal government’s overall response to the coronavirus (“COVID-19”) pandemic.
The most significant action mentioned in the announcement is a temporary halt to “Treasury offsets.” This powerful tool allows the Department
On March 22, the Board of Governors of the Federal Reserve System (“FRB”), Federal Deposit Insurance Corporation, National Credit Union Administration, Office of Comptroller of the Currency, Consumer Financial Protection Bureau, and the Conference of State Bank Supervisors (collectively, “the Agencies”) issued an interagency statement, available here, providing guidance for lenders on how to
The Supreme Court of Appeals of West Virginia issued an administrative order on Sunday, March 22 that covers public health and safety concerns related to the coronavirus (“COVID-19”). In it, the Court recognizes “the current COVID-19 crisis creates an unprecedented public health emergency that requires immediate action to encourage effective social distancing and reduce the
In Dressler v. Equifax, Inc., et al., before entering final judgment in favor of all but one defendant, the United States District Court for the Middle District of Florida gave pro se plaintiff Sandra K. Dressler three attempts to amend her complaint, which alleged violations of various consumer protection statutes by student loan servicer
In response to economic concerns due to widespread closures caused by the coronavirus (“COVID-19”), on Sunday, March 15, Los Angeles Mayor Eric Garcetti issued an executive order putting a moratorium on evictions. Following Mayor Garcetti’s lead, California Gov. Gavin Newsom signed a statewide executive order stopping evictions and foreclosures for people affected by the disease
In his press conference on March 23, Virginia Gov. Ralph Northam announced sweeping new restrictions on public gatherings and business operations as part of the ongoing effort to combat the coronavirus (“COVID-19”). The new restrictions go into effect at 11:59 p.m. on Tuesday, March 23, and remain in place for 30 days. The press release
The United States District Court for the District of Utah recently ruled that a debt buyer, First Financial Investment Fund V, LLC, must register as a collection office and post a bond with the Utah Division of Corporations and Commercial Code pursuant to Section 12-1-1 of the Utah Collection Agency Act.
First Financial, as a