The Consumer Financial Protection Bureau filed a lawsuit on July 14, 2014, in Atlanta federal court against a Georgia-based firm, Frederick J. Hanna & Associates, and its three principal partners for operating an alleged “debt collection lawsuit mill that uses illegal tactics to intimidate consumers into paying debts they may not owe.” The CFPB claimed
Texas Federal Court: No Summary Judgment for Plaintiff in FDCPA Settlement Letter Dispute over Time-Barred Debt
On June 27, 2014, Magistrate Judge Orlando L. Garcia of the United States District Court for the Western District of Texas recommended denial of a plaintiff’s motion for summary judgment in an FDCPA action implicating settlement letter language for time-barred debt. The case, Schreve v. First National Collection Bureau, Inc., involved time-barred debt that
Industry Groups Oppose CFPB Initiative to Conduct Telephone Survey of Credit Card Holders
The CFPB is seeking approval from the Office of Management and Budget to conduct a national telephone survey of 1,000 credit card holders as part of its study on which the CFPB may base its decision to limit or prohibit the use of arbitration clauses in credit card agreements.
The CFPB’s “study” of the use
Congress and CFPB Continue to Tweak Definition of “Qualified Mortgage”
On June 9, 2014, the House of Representatives unanimously passed H.R. 3211, the Mortgage Choice Act, which amends the Truth in Lending Act and the definition of “qualified mortgage” under the Dodd-Frank Act. The legislation was introduced by Representatives Bill Huizenga (R-MI) and Gregory Meeks (D-NY), and is intended to afford low and moderate income
Cordray Testifies before Senate Committee Regarding CFPB’s Semi-Annual Report
On June 10, 2014, CFPB Director Richard Cordray appeared before the Senate Committee on Banking, Housing and Urban Affairs in conjunction with the May 2014 release of the Bureau’s fifth Semi-Annual Report. Cordray highlighted a variety of topics, including mortgages, student loans, complaint numbers, and proposed data collection efforts.
Senator Mike Crapo (R-Idaho) questioned
Rulemaking on Prepaid Debit Cards Delayed by CFPB
Contrary to industry expectations, the CFPB announced on Wednesday, June 11, 2014 that it would be delaying its prepaid card regulations until the end of the summer. The announcement came during a presentation by CFPB Director Richard Cordray to the Senate Banking Committee. The rule had been expected this month.
This follows a pattern of
CFPB Seeking Information on Mobile Financial Services
The Consumer Financial Protection Bureau issued a Request for Information (“RFI”) this week regarding “the opportunities and challenges associated with the use of mobile financial services,” focusing particularly on unbanked and underserved consumers. The RFI comes amid growing concerns that the proliferation of mobile financial services poses an increased privacy risk to consumers.
The Bureau
ACA Files Amicus Brief in Settlement Offer Dispute before the Sixth Circuit
On May 7, 2014, ACA International, the Association of Credit and Collection Professionals, submitted an amicus curiae brief in an important Fair Debt Collections Practices Act (FDCPA) dispute over settlement-letter language for time-barred debts. The plaintiff received a collection letter from the debt collector offering an opportunity to settle a debt after Michigan’s six-year limitations
CFPB Announces Spring 2014 Rulemaking Agenda and More…
CFPB Announces Spring 2014 Rulemaking Agenda, Confirms Development of “Larger Participant” Definition for Auto Finance Market
On May 23, 2014, the Consumer Financial Protection Bureau posted its updated semi-annual rule-making agenda, which covers several important categories of upcoming regulatory action.
Defining Larger Participants in Auto Lending Market for Regulation
Through use of its rulemaking
CFPB Succumbs to Pressure, Opens Advisory Board and Council Meetings to Public
Beginning in June, the Consumer Financial Protection Bureau will provide the public with access to the meetings of the Consumer Advisory Board (CAB)and the CFPB’s three Councils. Anyone may attend or watch the full meetings live online the same way most other agencies allow under the Federal Advisory Committee Act.
As we previously discussed,