Archive for Consumer Financial Services Law

Mass. SJC Holds Passive Debt Buyers Are Not ‘Debt Collectors’ Under State Law

In an important decision for the debt buying industry, the Massachusetts Supreme Judicial Court held that passive debt buyers are not “debt collectors” under the Massachusetts Fair Debt Collection Practices Act (MDCPA). A copy of the decision in Dorrian v. LVNV Funding, LLC is available at:  Link to Opinion. An amicus brief filed by Receivables Management Association

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Calif. Supreme Court Holds Non-Intervening Unnamed Class Member Has No Right to Appeal

The California Supreme Court recently held that unnamed class members do not become parties of record under Cal. Code of Civil Procedure section 902, with the right to appeal the class settlement, judgment or attorney fees award, unless they formally intervene in the class litigation before the action is final. A copy of the opinion

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10th Cir. Affirms Dismissal of Fair Credit Billing Act Claims Due to Paid Off Balance

The U.S. Court of Appeals for the Tenth Circuit recently held that a consumer had no claim under the federal Fair Credit Billing Act (FCBA) where he had already fully paid the balance of his credit cards, because after full payment there was no “credit outstanding.” A copy of the opinion in Hasan v. Chase

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7th Cir. Upholds Class Settlement Despite Atty Fee Award in Excess of Award to Class

The U.S. Court of Appeals for the Seventh Circuit recently held, over extensive objections by intervenors, that the trial court did not abuse its discretion in approving a class action settlement, despite alleged problems with the class notice and the fact that the attorneys’ fees award exceeded the total award to the class. In so

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SCOTUS Rules State Credit Card Anti-Surcharge Law Regulates Speech, Not Conduct

The Supreme Court of the United States recently held that a state law penalizing merchants for charging a surcharge for credit card payments did not restrict the amount that a store could collect when a buyer paid by credit card (i.e., a regulation on conduct). Instead, the Court held that the state statute regulated how

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7th Cir. Reverses Class Cert, Dismisses Lawsuit for Lack of Standing Under Spokeo

The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s grant of class certification and remanded the case with instructions to dismiss the case with prejudice because the plaintiffs lacked standing to sue, having shown no injury in fact as required under Spokeo, Inc. v. Robins. A copy of the opinion

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Indiana Supreme Court Holds Out-of-State Consumer Attorneys Not Exempt from Indiana Consumer Protection Statutes

In an action brought by the Indiana Attorney General against a Florida-based foreclosure defense law firm and its owner-officer, the Supreme Court of Indiana recently held that none of the defendants were expressly or impliedly exempt from liability under four Indiana state consumer protection statutes. A copy of the opinion in Consumer Attorney Services, PA

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8th Cir. Confirms Doc Prep Fees Violate Missouri UPL Statute, Upholds Application to Out-of-State Class Members Due to Choice-of-Law Provision

In a “doc prep fee UPL” class action, the U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s rulings as to class certification and application of a choice-of-law provision on a class-wide basis. In so ruling, the Court also reversed and remanded the lower court’s determination that the attorney’s fees for

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CFPB Issues Outline of Possible Debt Collection Rules

Today the Consumer Financial Protection Bureau released an outline of its proposals for rules under the federal Fair Debt Collection Practices Act. The FDCPA regulates the practices of debt collectors, primarily persons who collect consumer debt on behalf of others and sometimes persons who purchase defaulted consumer debts. The CFPB’s outline displays its intention to

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Consumer Financial Services Conference Set for Sept. 15-16, Early Registration Ends July 30

July 26, 2016 — The Annual Consumer Financial Services Conference organized by The Conference on Consumer Finance Law will be held Sept. 15-16 at Loyola University Chicago School of Law. The early registration discount ends July 30. The conference will include presentations on the latest developments in consumer financial services law, including mortgage lending and

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Maurice Wutscher Opens Atlanta Office, Adds Attorney D. Sharmin Arefin

National financial services law firm Maurice Wutscher LLP has opened a new office in Atlanta, hiring financial services attorney D. Sharmin Arefin to lead the firm’s Georgia litigation and regulatory compliance matters. Arefin will practice in the firm’s Consumer Credit Litigation, Regulatory Compliance, Employment Litigation, and Commercial Litigation groups. She joins Maurice Wutscher’s skilled team

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Panel of Attorneys to Discuss Consumer Finance Class Actions, Gillie, Spokeo SCOTUS Cases in CLE Webinar

Join me on June 2 for a live webinar when I will be among a panel of plaintiff and defense attorneys discussing developments and trends in consumer finance class actions, including the Gillie and Spokeo U.S. Supreme Court cases. During the webinar, we will present effective strategies and approaches for pursuing or defending claims alleging violations of

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