If you are a debt collector calling to collect a debt and don’t use your “true name,” you may have violated Section 1692e(14) of the Fair Debt Collection Practices Act (“FDCPA”). That is one of the lessons from a recent precedential decision by the Third Circuit Court of Appeals. In Levins et al. v. Healthcare Revenue Recovery Group LLC, the Third Circuit reversed a New...
Author: Kaleb McNeely
Late last year, the Office of the Comptroller of the Currency announced that a proposed national charter for fintech companies is currently on hold as the OCC’s new Comptroller of the Currency, Joseph Otting, needs additional time to study the proposed charter. Despite the fact that the OCC has not yet granted a national charter for fintech companies, the proposal to do so has already been the subject of two different court challenges by state regulatory authorities.
The constitutionality of the CFPB continues to be an issue in cases involving that agency. The latest party to raise the “CFPB is unconstitutional” defense is a law firm, Seila Law, LLC, which is attempting to evade a civil investigative demand seeking information relating to the CFPB’s litigation against debt relief firm Morgan Drexel Inc. and its affiliates.
On January 12, 2017, Judge Failla of the District Court for the Southern District of New York issued an opinion in a case involving QWR-related claims that provides additional guidance regarding the liability risks that mortgage servicers face in connection with QWRs.
On June 30, 2016, the Consumer Financial Protection Bureau released the twelfth edition of its Supervisory Highlights report, which focused on supervision work completed between January and April 2016.
On the fifth birthday of the Consumer Financial Protection Bureau (“CFPB”), Dorsey attorneys discuss the CFPB’s investigatory powers and explain – through an analysis of three important cases – how the events of early 2016 reveal a changing tide. Click here to read the article published in Corporate Counsel.
When is an Administrative Action Barred by the Dodd-Frank Act’s Three-Year Statute of Limitations? Never, According to the CFPB
Corporate defendants are entitled to the protections afforded by statutes of limitations, which bar claims for conduct long-past and are “vital to the welfare of society.” Recently, however, the Consumer Financial Protection Bureau (“CFPB”) has doubled down on its position that the statute of limitations is inapplicable to enforcement actions brought in a certain category of proceedings.
“Is This The Party To Whom I Am Speaking?”: Third Circuit Okays TCPA Suit Against Bank Over Call Meant For Roommate
Does the roommate of a telephone subscriber have standing to sue for an alleged violation of the Telephone Consumer Protection Act? Surprisingly, according to the U.S. Court of Appeals for the Third Circuit, the answer is “yes.”
Are contractual arbitration clauses harmful to consumers of financial products and services? The CFPB appears to think so. But is the CFPB’s view empirically or legally well-founded?
Financial institutions and others involved in the servicing of residential mortgage loans need to be aware of the duties that can be triggered by receipt of a Qualified Written Request (“QWR”), particularly in light of recent changes to the statutory response times applicable to QWRs.