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On May 12, in Tamara Diaz v. Kubler Corporation d/b/a Alternative Recovery Management, the Ninth Circuit Court of Appeals ruled 3-0 in favor of a collection agency on issues related to including interest in debt collection notices.  The Court of Appeals reversed the district court and held that a collection letter seeking 10 percent …

Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according to the latest report from WebRecon.

FDCPA lawsuits increased by 3.9 percent (892 to 927), from February to March, and FCRA lawsuits increased 3.3 percent (245 to…

Starting June 1, Alison Kutler will be the new acting chief of the Consumer and Governmental Affairs Bureau, the division of the Federal Communications Commission that oversees the Telephone Consumer Protection Act.  Kutler will replace current acting CGB bureau chief Kris Monteith who will remain at the FCC as deputy chief of the Wireline Competition…

On May 4, the Consumer Financial Protection Bureau revised its mortgage origination examination procedures to provide guidance on how it will conduct compliance exams for the TILA-RESPA integrated disclosures that become effective on August 1, 2015.

The CFPB has revised version 2.0 of its Supervision and Examination Manual numerous times since it was released on…

In an April letter to Congressman Blaine Luetkemeyer (R-Mo.), the Consumer Financial Protection Bureau refused to provide a grace period for enforcement of the TILA-RESPA Integrated Disclosure Rule (“the Integrated Disclosure Rule”), which has an effective date of August 1, 2015.

Director Richard Cordray’s letter provides information about the CFPB’s work to support implementation of…

On May 5, Virginia Governor Terry McAuliffe signed an executive directive which sets enhanced security requirements for the purchase card program used by state agencies, including the implementation of “chip and pin” technology by December.  The directive further instructed Virginia’s treasurer, comptroller, and secretaries of finance and technology to implement enhanced payment technologies that “meet…

On May 5, the Federal Trade Commission obtained court approval of a settlement against CardFlex, Inc. and its CEO and President, Andrew Phillips, and Executive Vice President of Operations, John Blaugrund.  The lawsuit, captioned FTC v. CardFlex Inc. et al., No. 3:14-cv-00397 (D. Nev.), involved allegations that the defendants operated a $26 million credit…

According to a study released by the Consumer Financial Protection Bureau on May 5, 26 million Americans have no credit rating at all, making them “credit invisible.”  The report found that one in 10 adults have no credit history – many of them black, Hispanic, or living in low-income neighborhoods.

In broad terms, consumers with…

In a pair of recent votes, the House of Representatives supported legislation that would create liability protections for companies that share with the federal government information about cyberthreats.  The bills, H.R. 1560 and H.R. 1731, allow private companies to take defensive cybersecurity measures to protect their rights and property.  They also allow for sharing of…

The U.S. Department of Justice has released guidance to assist organizations in preparing for a cyber incident.  Released alongside a speech given by Assistant Attorney General Leslie Caldwell on April 29, the 15-page memo, “Best Practices for Victim Response and Reporting of Cyber Incidents,” provides a framework for organizations to prepare an incident response…