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Posts published in “Consumer Financial Services Law”

9th Cir. Holds ‘Net Impression’ Test Applies to CFPA Actions for Deceptive Solicitations

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s ruling in favor of the Consumer Financial Protection Bureau against a company and its owner that provided fee-based scholarship and financial aid services to prospective and current college students.

Calif. App. Court (2nd Dist) Holds Creditor’s Application for Sale Must Include Unrecorded Liens on Property

The Court of Appeals of the State of California, Second Appellate District, recently affirmed a trial court’s denial of a judgment creditor’s application for sale of the debtor’s dwelling to satisfy the creditor’s money judgment, finding the application was deficient.

Calif. App. Court (1st Dist) Holds Bail Bond Premium Finance Agreements Are Consumer Credit

The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.

Wisc. Supreme Court Limits ‘Unconscionability’ Claims Regarding Consumer Credit Transactions

The Supreme Court of Wisconsin recently held that (1) in the Wisconsin statute regarding nonjudicial enforcement for consumer transactions (§ 425.206(2)(b)), the term “dwelling used by a customer as a residence” includes a garage attached to the residential building in which the customer lives; and (2) claims of unconscionability under the Wisconsin statute regarding remedies in consumer credit transactions (§ 425.107) are available only in “actions or other proceedings” brought by a creditor to enforce rights arising from consumer credit transactions and that a non-judicial repossession is not such an action or proceeding.

This Year the 1st Circuit and Mass. Courts Tackled Consumer Contacts

The U.S. Court of Appeals for the First Circuit and federal and state courts in Massachusetts decided several important cases for the consumer financial services industry in 2021. Two related cases concerned the constitutionality of a Massachusetts regulation limiting telephone contact with debtors and a third ruling came from the First Circuit on a federal TCPA action.