On July 25, the Consumer Financial Protection Bureau released an Advance Notice of Proposed Rulemaking (“ANPR”) asking for the mortgage industry’s opinion on the scheduled expiration of a provision in its Ability to Repay/Qualified Mortgage Rule (“Rule”), commonly known as the “QM patch.” The QM patch allows certain mortgage loans that are eligible for purchase
On June 25, a group of twenty education organizations and individuals sent a letter to Congress urging it to regulate the use of income share agreements, or “ISAs” – an increasingly popular means of financing higher education. The letter was sent to the House Financial Services Committee and Senate Finance Committee, requesting legislation “that provides
In Reyes v. Educational Credit Management Corporation, Case No. 17-56930, the Ninth Circuit reversed a decision certifying a class action in which the plaintiffs allege violations of California’s Invasion of Privacy Act (“CIPA”) (Cal. Penal Code § 630 et. seq.). In doing so, it held that the district court had failed to determine
We are pleased to announce that Troutman Sanders attorneys Ethan Ostroff and Ashley Taylor will be presenting during the 14th Annual Credit Grantor Consortium at the Four Seasons Hotel in Georgetown, Washington DC. CCN Consortium will focus heavily on trending topics in credit reporting, including a bankruptcy update, TCPA, politics within the collection industry
On July 30, a district court judge in the Southern District of California granted a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. The Court held that the collection letters sent by Capital Management Services, LP (“CMS”) did not constitute violations of the Fair Debt Collection Practices Act
On July 30, the Northern District of Texas issued the first opinion by a federal court in Texas addressing the impact of ACA International on the definition of an automatic telephone dialing system (“ATDS”). In Adams v. Safe Home Security Inc., the Court rejected the Ninth Circuit’s rationale in Marks and held that
The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment,
On August 2, the Consumer Financial Protection Bureau announced that it would be extending the public comment period on its Notice of Proposed Rulemaking (“NPRM”) to amend Regulation F as part of implementing the Fair Debt Collection Practices Act. The CFPB announced that it is extending the public comment deadline to September 18, 2019.
On
When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting
A recent ruling by the U.S. Court of Federal Claims has made it more likely that an ambitious overhaul of the federal student loan servicing industry will be forthcoming.
As background, the U.S. Department of Education has announced plans to make sweeping changes to the student loan industry by requiring that its loan servicers be