The U.S. Bankruptcy Court for the Eastern District of Pennsylvania recently held that a debtor alleged a plausible claim against a mortgage loan servicer under the federal Fair Debt Collection Practices Act (FDCPA) based on the servicer's proof of claim filed after obtaining a foreclosure judgment.
Idaho HB 425 was introduced on Feb. 6, 2020, to address the perceived issue that “current Idaho law enables excessive attorney's fees and fails to provide judges with clear guidance to combat abuses of the collections process.” This proposed law would apply to “any person” and does not limit its application to debt collectors.
Consumer data privacy appears to be on the minds of legislators in Arizona this session. As previously mentioned, House Concurrent Resolution 2013 was introduced in Arizona on Jan. 10, 2020, by five Republicans and one Democrat declaring: That the Members of the Legislature oppose the enactment…
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s Truth in Lending Act (TILA) claim for lack of subject matter jurisdiction, holding that the claim was barred by the jurisdiction-stripping provision of the federal Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).
The U.S. Court of Appeals for the Ninth Circuit recently affirmed summary judgment in favor of a guaranty agency that caused a set-off against a plaintiff’s Social Security benefits to recover a judgment assigned to it based on a defaulted student loan.
The U.S. Court of Appeals for the First Circuit recently affirmed the trial court’s dismissal of a consumer’s claims against the owner and loan servicer of her mortgage loan that their collection statements supposedly violated the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, and the Massachusetts Fair Debt Collection Practices Act, Mass. Gen. Laws ch. 93, 49.
The U.S. Court of Appeals for the Seventh Circuit recently reversed the dismissal of a consumer’s second lawsuit against a debt collector for failure to notify a credit reporting agency that the debt was disputed.
In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit recently held that the protections against default judgment under the Servicemembers Civil Relief Act (SCRA) do not apply to the seizure and sale of real property in in rem proceedings under Louisiana law where the debtors have agreed to a confession of judgment in the mortgage or security agreement.
Following its enaction, the Dodd-Frank Act left the financial services industry with uncertainty in many areas. For nearly 10 years, the industry has wondered and speculated about the inclusion of a prohibition against abusive acts and practices. What exactly is abusive conduct? Is abusive conduct different from false and misleading acts or unfairness? How will the CFPB handle enforcement?
Like many states across the U.S., Hawaii and Maryland have introduced new privacy legislation this year geared toward protecting consumers' personal information.
As California Attorney General Xavier Becerra advises consumers of all their new rights under the California Consumer Privacy Act (CCPA), multiple states are introducing their own privacy acts, some of which are remarkably similar to the CCPA. The most-watched privacy legislation is perhaps in Washington State, described below, which very nearly passed its Privacy Act last year.
New York Gov. Andrew Cuomo has proposed a bill to license consumer debt collectors. The proposal comes as part of the governor’s 2021 “budget bill” and was introduced on Jan. 21. A copy is available here. The bill proposes an effective date of Oct. 1, 2020.