In a decision issued on March 26, the Court of Appeals for the First Circuit found that appellee Citizens Bank’s “Sustained Overdraft Fees” do not qualify as interest under the National Bank Act (“NBA”) and the Office of the Comptroller of the Currency’s (“OCC”) related regulations, rules, and interpretive letters that provide guidance with
On February 22, 2019, the Third Circuit Court of Appeals issued a precedential ruling affirming a district court’s finding that Crown Asset Management LLC is a debt collector under the Fair Debt Collection Practices Act. In doing so, the Third Circuit interpreted the Supreme Court’s recent ruling in Henson v. Santander, Consumer USA Inc., 137
On January 23, the Middle District of Florida issued an order dismissing a Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act (“FCCPA”) putative class action because the defendant, Wells Fargo Bank, N.A., did not qualify as a debt collector under the FDCPA.
The case is Rose Mary Rawls, et al. v. Wells
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court, arguing a law firm’s nonjudicial foreclosure actions to enforce a security interest on a mortgage debt fell outside the purview of the Fair Debt Collection Practices Act because the activity did not constitute “debt collection.”
On October 31, the Eastern District of Pennsylvania issued an opinion in Guzman v. HOVG, LLC, No. 18-3013, (E.D. Pa. Oct. 31, 2018), denying a debt collector’s motion to dismiss a Fair Debt Collection Practices Act-based action because the validation notice included in the collection letter did not clearly state that the debtor can
On September 19, the Eleventh Circuit Court of Appeals issued an opinion illustrating the importance of careful drafting of arbitration agreements.
Following the holdings of many other courts, the Eleventh Circuit panel held that if an agreement is silent regarding the ability to arbitrate claims on a class basis, then it is up to courts
On September 12, the Consumer Financial Protection Bureau issued an interim final rule which provided a model Summary of Rights form, a form that both consumer reporting agencies (CRAs) and employers doing background checks use for compliance with the Fair Credit Reporting Act. CRAs and employers are required to implement revisions to the form
On May 15, an en banc panel of the Third Circuit Court of Appeals issued a decision finding the statute of limitations for an alleged violation of the Fair Debt Collection Practices Act begins on the date the violation occurs, not on the date the debtor discovers the violation. The ruling adds to the growing
In a recent decision denying plaintiffs Aldean Isaac’s and Julissa Ortiz’s motion for summary judgment, a federal district court judge in the Eastern District of New York found that defendant NRA Group, LLC’s collection letter that included the same amount of debt twice and then a payment slip for the sum of these duplicate amounts