In Echlin v. PeaceHealth, the U.S. Court of Appeals for the Ninth Circuit held that a debt collection agency meaningfully participated in collection efforts even if it did not have authority to settle the account, did not receive payments, and was not involved in collection beyond sending two collection letters. Accordingly, the collection agency
In a short, straightforward opinion, the Eighth Circuit Court of Appeals joined its sister circuits that have applied a materiality standard to consumer claims of falsity and deception under the Fair Debt Collection Practices Act.
Consumer Paul Hill incurred a medical debt, and the creditor hired Accounts Receivable Services, LLC to collect the debt.
In a 51-47 vote on April 18, the U.S. Senate voted in favor of invalidating 2013 guidance from the Consumer Financial Protection Bureau that targeted purported discrimination in the automobile finance market. The resolution passed on party lines, with Senator Joe Manchin (D-W.Va.) the lone Democrat to join Republicans
The U.S. Department of Justice recently filed a lawsuit in California federal court alleging that California Auto Finance, a subprime auto lender, violated the Servicemembers Civil Relief Act by repossessing the motor vehicle of an active military servicewoman on her first day of training.
The SCRA prohibits a lender from repossessing a motor vehicle from
Senator Jerry Moran (R-Kan.) recently introduced a resolution to overturn guidance promulgated by the Consumer Financial Protection Bureau in 2013. The resolution seeks to invalidate the Bureau’s guidance under the Congressional Review Act, the same statute that permitted Congress to overturn the arbitration rule.
The guidance at issue is the CFPB’s highly
We are pleased to announce that Troutman Sanders partner Ashley Taylor will participate in a webinar hosted by the American Bar Association on “Abusive Car Loan and Sale Practices: Scope and Potential Remedies to Strengthen Consumer Protections” The event will take place on March 22, 2018 from 1 p.m. – 2:30 p.m. ET.
Today, there
BMW Financial Services N.A. has agreed to settle claims brought by the U.S. Department of Justice that the company violated federal law by failing to refund portions of up-front lease payments made by servicemembers who terminated their leases early due to military obligations. Under the agreement, BMW will pay more than $2 million to affected
On February 6, the Conference of State Bank Supervisors (“CSBS”) announced that seven states have entered into a compact that should streamline the process of applying for state money transmitter licenses.
Moving forward, the participating states– Georgia, Illinois, Kansas, Massachusetts, Tennessee, Texas, and Washington – will accept each other’s findings regarding certain “key elements of
A Roanoke City Circuit Court judge recently ordered a defendant to pay nearly $160,000 to two plaintiffs for violations of the Virginia Consumer Protection Act (“VCPA”) in a dispute over a wrecked car worth no more than $9,300.
In Hughes v. Robert Young Auto & Truck, Inc., No. CL16-1364, the plaintiffs, a married North
The deadline for motor vehicle dealer compliance with the Federal Trade Commission’s revised Used Car Rule is rapidly approaching. The January 28, 2018 compliance date imposed by the FTC requires dealers, as of that date, to use the agency’s revised window sticker, known as the “Buyers Guide,” on all used vehicles offered for public sale.