On April 1, the United States District Court for the Central District of Illinois denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act lawsuit stemming from the consumer visiting the debt collector’s online payment portal. This decision highlights the potential risks that debt collectors face in
On April 6, the California Judicial Council, which is the policymaking body of the California court system, adopted 11 emergency rules in light of the coronavirus (“COVID-19”) pandemic.
Emergency Rule 2 suspends all judicial foreclosures, including actions for deficiency judgments. All judicial foreclosures are stayed and the statute of limitations is tolled until 90 days
On April 1, the Consumer Financial Protection Bureau issued a consent order against Cottonwood Financial, Ltd., a short-term, small dollar lender located in Texas. After reviewing the lender’s installment lending, payday lending, title lending, marketing, collections, and furnishing practices, the CFPB identified a number of violations, including those under the Fair Credit Reporting Act, 15
On April 3, the West Virginia Supreme Court of Appeals issued another emergency order extending court deadlines. A press release regarding the order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period between March 23, 2020 and May 1, 2020 to May
On March 31, the United States District Court for the Eastern District of Michigan ruled in favor of a furnisher that reporting a dispute using the Compliance Condition Code of “XB,” and updating its reporting to “XH” after completing its investigation, does not violate the Fair Debt
On April 3, Nevada released new debt collection guidance that clarified existing emergency regulations implemented in response to the coronavirus (“COVID-19”) outbreak. The Deputy Commissioner of the Nevada Department of Business & Industry recently provided some clarification concerning the Department’s March 20 notice to the collection industry.
The Department’s prior notice deemed collection agencies non-essential
Please join Troutman Sanders attorneys, David Anthony, David Gettings, Cindy Hanson, Alan Wingfield, and John Lynch for a Complimentary Webinar, “Credit Reporting and COVID-19: Guidance for Consumer Financial Service Companies Reporting Consumer Credit During the Pandemic” on Thursday, April 9, 2020 from 4:00 – 5:00 p.m. ET.
The coronavirus (COVID-19) is
The North Carolina Insurance Commissioner recently published a Frequently Asked Questions document clarifying its order, amended order, and bulletin issued over the past week, which require debt collection agencies to give North Carolina consumers the option of deferring debt payments for a period of 30 days from the due date of payment.
While
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
In a published opinion that should be advantageous to foreclosing parties, the Supreme Court of Virginia found that if a borrower cannot plead that he or she could have cured a mortgage loan default, then a foreclosure sale is “inevitable” and alleged defects in a notice of default cannot support a claim for rescission of