The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment,

The Consumer Financial Protection Bureau hosted a symposium with private attorneys to discuss the term “abusive” in “unfair, deceptive, and abusive acts and practices” (“UDAAP”) in late June. This was the first symposium, part of a symposia series, that will help the CFPB explore consumer protections in the changing financial services marketplace. There were two

An online lead aggregator for payday and installment loans agreed to pay $4 million to settle a lawsuit filed by the Consumer Financial Protection Bureau. The lead aggregator also agreed to a permanent ban on lead generation, lead aggregation, and data brokering for certain high interest consumer loans. 

In 2015, the CFPB filed a lawsuit

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

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

On April 24, the Federal Deposit Insurance Corporation and Duke University’s Fuqua School of Business and Innovation and Entrepreneurship Initiative will host the inaugural “Fintech and the Future of Banking” conference in Arlington, Virginia.

The conference, headlined by speakers Jelena McWilliams, Chairman of the FDIC, and Steven Mnuchin, Secretary of the United States

The Federal Trade Commission’s recent settlement with online consumer lender Avant, LLC provides a reminder to fintech companies of the importance of ensuring regulatory compliance, while delivering innovative solutions to the financial services industry. On April 15, Avant agreed to settle a lawsuit by the FTC accusing the e-lender of “engag[ing] in a pattern of

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