April 6, 2017

Misstated Summons Did Not Create FDCPA Violation

A summons which stated the consumer had thirty days to answer a debt collection suit did not violate the FDCPA when the state rules of civil procedure only provided for…

March 22, 2017

CFPB Monthly Report Returns its Focus to Credit Reporting

The CFPB issued its monthly report on consumer complaints this month, providing a high-level snapshot of the recent trends in consumer complaints. The Report provides a summary of the volume…

March 10, 2017

Supreme Court Appears Deeply Divided Over Bankruptcy Proof of Claim Case

For those following the proof of claims on time-barred debt issue, below is a link to the article attorney Caren D. Enloe wrote for the American Bar Association on the…

March 10, 2017

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures falls short under the statutory requirements, the plaintiff must show an injury in fact…

March 2, 2017

District Court Opinion Serves as a Reminder of the Limitations of Spokeo

A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co.,the consumer…

February 27, 2017

Bad System Conversion Leads to CFPB Consent Order for Prepaid Card Provider and Vendor

The CFPB continues to flex its muscle and expand its reach, this time punishing a prepaid card provider and its vendor for a conversion to a new system that did…

January 25, 2017

CFPB Consent Orders with Consumer Reporting Agencies Focus on Marketing Practices, not Credit Reporting

Marketing practices remain at the forefront of CFPB activity as evidenced by two recent consent orders entered into with TransUnion and Equifax. The consent orders combine to require the Consumer Reporting…

January 18, 2017

District Court Opinion Upholds Reasonable Investigation of Credit Dispute

A recent decision from the Northern District of Georgia serves as a reminder to both consumers and furnishers of information as to the furnisher’s obligation to reasonably investigate a dispute…

January 5, 2017

Insight from CFPB Regarding Employee Incentives in the Wake of Wells Fargo Consent Order

This past November, in the wake of the Wells Fargo debacle, the CFPB  issued a Compliance Bulletin which addressed employee incentives and the consumer risks associated with them. CFPB Compliance…

December 28, 2016

CFPB Consent Orders Serve as a Reminder to Mortgage Industry on Advertising Practices

A recent series of CFPB consent orders should remind the mortgage industry to carefully monitor its advertising practices. The MAP Rule prohibits deceptive and misleading commercial communications regarding any term of…

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