On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments
Debt Buyers + Collectors
CFPB Finalizing its Public “Complaint Box” Policy
This month, the Consumer Financial Protection Bureau (“CFPB”) is actively finalizing a policy that will allow consumers to voice their opinions on financial companies, and the products they offer — consumer complaints can be made publicly or maintained privately. Specifically, the CFPB’s policy will allow consumers, when submitting a complaint to the CFPB, to choose…
Firm and Pro Se Plaintiff Face Sanctions for Failing to Hold Settlement Conference in Debt Collection Suit
A dispute over the scheduling of a settlement conference ended with a California federal judge ordering a law firm and a pro se plaintiff to explain why they should not be disciplined for missing a deadline set by the court.
U.S. District Judge John F. Walter gave law firm Lewis Brisbois Bisgaard & Smith LLP…
CFPB Announces Payday Lending Field Hearing
The Consumer Financial Protection Bureau announced that it will be hosting a field hearing in Richmond, Virginia on payday lending. The hearing will take place on March 26 at 12:00 noon.
The hearing will feature remarks from CFPB Director Richard Cordray, as well as testimony from consumer groups, industry representatives, and members of the public.…
Autodialing Numbers Held by Business for Robocalling Research May Violate TCPA
On February 17, the District Court for the Northern District of Illinois in Telephone Science Corp. v. Trading Advantage LLC, et al. denied a motion to dismiss and a motion to compel discovery in an action alleging violations of the Telephone Consumer Protection Act. The interesting thing about the orders were not the denials themselves…
CFPB’s Winter 2015 Supervisory Highlights Report Provides a Roadmap to Compliance
The Consumer Financial Protection Bureau recently issued its Winter 2015 Supervisory Highlights report which provides an overview of the supervision work completed by the CFPB from July through December 2014. Matters resolved by the CFPB’s Supervision side are non-public in nature and are resolved, not generally through the payment of large fines and penalties, but…
Multiple Bills to Reform CFPB Again Pending in House of Representatives
Following up on the failure in 2014 to implement changes to the CFPB through legislative action, on March 5, U.S. Rep. Sean Duffy (R-Wis.) reintroduced a package of bills seeking to make changes to the CFPB’s leadership structure, how data is collected from consumers, and more.
Representative Duffy is the Chairman of the House Financial…
Did You Hear That? CFPB Report to Congress Sounds Death Knell for Arbitration Clauses
As anticipated, yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services. According to the CFPB, the study’s results “indicat[e] that arbitration agreements restrict consumers’ relief for disputes with financial service providers by limiting class…
CFPB’s Field Hearing on March 10, 2015 on Arbitration Expected to Coincide With Release of Its Report to Congress on the Use of Pre-Dispute Arbitration Clauses
On March 10, the CFPB will hold a field hearing on arbitration at 11 a.m. in Newark, New Jersey.
The event will include remarks by Richard Cordray, head of the Consumer Financial Protection Bureau, and will be held at the J. Harry Smith Lecture Hall at Essex Community College, 303 University Avenue. Tomorrow’s field hearing…
Court Rejects Proposed Class Action Notice Plan Involving Untargeted Social Media Notification to Class Members
On March 5, a judge in the United States District Court for the Southern District of New York rejected a plaintiff’s proposal to notify proposed class members of a Fair Labor Standards Act lawsuit filed by a group of former interns against Gawker via various social media platforms, including Reddit and Tumblr pages, LinkedIn, and…