Mortgage Lenders & Servicers

On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act. As the title indicates, the Act creates a licensing regime for servicers of residential mortgage loans secured by real property within New Jersey. As with many state licensing regimes, the Act exempts most banks and

On March 29, in Marshall v. Verde Energy USA, Inc., Judge John Vazquez of the United States District Court for the District of New Jersey dismissed a plaintiff’s putative class action lawsuit against Verde Energy, finding, in part, that the plaintiff failed to state a claim under the New Jersey Consumer Fraud Act (“CFA”). Marshall

On March 22, 2018, the Governor of West Virginia signed into law HB 4285, which amends select provisions of the West Virginia Safe Mortgage Licensing Act (“WVSMLA”). The Bill makes three changes to the WVSMLA, which regulates the licensing requirements for mortgage loan originators.

First, the Bill increases the state license application fee, which appears

On March 22, 2018, the Governor of West Virginia signed into law HB 3143, which amends select provisions of the West Virginia Consumer Credit Protection Act (WVCCPA).  First, the Bill amends section 46A-4-101 to clarify that the licensing provisions of the WVCCPA do not apply to any “collection agency” as defined by the Collection Agency

In a move that some consumer advocates worry will erode the notoriously stringent requirements of the California Consumer Privacy Act, the California state legislature’s Privacy and Consumer Protection Committee held a hearing this week where it advanced five different bills that amend and potentially weaken the statute. The bills advanced include the following:

The U.S. District Court for the Middle District of Florida recently relied on an Eleventh Circuit prohibition against “shotgun pleadings” to dismiss with prejudice a pro se plaintiff’s claims. In Dressler v. United States Department of Education, plaintiff Sandra Dressler brought a ten-count complaint against nine defendants. She alleged violations of the Fair Credit

A federal court in Wisconsin recently granted a motion for attorneys’ fees in a Fair Debt Collection Practices Act case based on the defendant’s “aggressive litigation tactics.” The case is Michael J. Broome v. Kohn Law Firm, S.C., et al. 

Consumer plaintiff Michael Broome claimed the defendants violated the FDCPA by filing a debt-collection lawsuit

The Eastern District of Pennsylvania concluded that an admitted professional litigant stated a claim under the Telephone Consumer Protection Act when he received the defendant’s telemarketing calls on his cell phone. The determinative factor was lack of allegations and evidence that the plaintiff used the phone for the sole purpose of bringing TCPA lawsuits. A

The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did

In a recent decision, the United States District Court for the District of New Jersey denied a consumer’s motion for summary judgment of her claims arising under the Fair Debt Collection Practices Act (“FDCPA”). The case is Estate of Wilfred C. Clements v. Apex Asset Management, LLC, No. 1:18-cv-10843-JBS-AMD (D.N.J. Mar. 25, 2019).