Consumer Financial Services Legal Update Blog

Supreme Court Issues Midland Funding Decision

On May 15, 2017, the Supreme Court issued a 5-3 decision holding that it is not a violation of the Fair Debt Collection Practices Act to file a proof of claim in bankruptcy related to a debt for which the statute of limitations has expired, resolving a previous circuit court split regarding the issue.

Browsewrap Disclosure Held Insufficient to Constitute “Prior Express Written Consent” Even for a Healthcare-Related Call

Folks involved with selling health insurance, or anything else for that matter, relying upon browsewrap website terms might want to give Sullivan v. All Web Leads, Inc. a careful read. Although the ruling took place at the pleadings stage, the Court’s approach to a complaint alleging calls made to individuals requesting health care quotes after submitting personal information on a website is important for industry participants to consider.

What You Need to Know About the CFPB and the PHH Argument Yesterday

Which is the better policy? Having banking agency heads be removed for only malfeasance and wrongdoing, or be removed for any reason? This question is the critical issue that the judge asked in yesterday’s oral argument in PHH Corporation v. Consumer Financial Protection Bureau that no one is talking about.

The Ninth Circuit Makes it Easier to Plead Text Message TCPA Cases

Courts need to examine whether there is enough pled to infer that texts were sent from equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator. The focus is on the capacity of the equipment used to place the text messages, and not whether they were sent “randomly.”

A Review of the Law Governing Qualified Written Requests

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.