In light of the coronavirus (“COVID-19”) and its impact on business operations, it is important to be aware that Telephone Consumer Protection Act restrictions on calling or texting consumers for a commercial purpose still apply. These national restrictions include rules governing consent to contact cellular telephones and rules regarding revocation of consent. Moreover, certain
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
The United States Department of Housing and Urban Development has issued a partial waiver of 24 CFR 203.604, the provision that requires mortgagees to establish face-to-face contact with borrowers during default and loss mitigation intervention. This suspension, which is stated to last for one year, was issued in response to public concerns over the spread
In the wake of many cities issuing tighter restrictions to slow the spread of the coronavirus (“COVID-19”), the Cybersecurity and Infrastructure Security Agency (“CISA”) has issued guidance on the identification of “essential critical infrastructure workers.” It is important to ensure continuity of functions that are critical to public health and safety, as well as economic
On March 18, the Court of Appeals of Maryland has stayed all residential foreclosures and evictions during the coronavirus (“COVID-19”) pandemic. The Court determined that the “[e]scalation of the emergency has required comprehensive measures to protect the health, safety, and well-being of Maryland residents and judiciary personnel.” The Court further ruled that all “[f]oreclosures of
Like most industries today, Consumer Financial 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 news and developments, recommendations from leading health organizations, and tools
As the coronavirus (“COVID-19”) continues to spread, businesses are pushed to make swift decisions that impact not only business operations, but also the privacy and security of employees’ personal information. In times like these, the Fair Information Practice Principles (“FIPPs”) should be every organization’s guiding light.
The FIPPs are principles that address the privacy of
On March 19, 2020, New York Governor Andrew Cuomo announced a series of measures designed to ease the economic impact of COVID-19. Most notably to the consumer financial services industry, Cuomo announced that New York would “offer 90-day relief on mortgage payments. Waiving mortgage payments based on financial hardship.” He also said the state would
On March 17, a bill was introduced in the United States Senate to amend the Fair Credit Reporting Act to prohibit negative credit reporting during the coronavirus health crisis. The bill, S.3508, is entitled The Disaster Protection for Workers’ Credit Act. It would provide for a four-month moratorium on negative credit reporting and a
On March 17, the Consumer Financial Protection Bureau ordered all employees – not just those in the most affected regions – to begin working from home given the rapid spread of the coronavirus (“COVID-19”). CFPB Director Kathleen Kraninger sent an email to all CFPB employees in the evening of March 17 stating that a prior