September 3, 2019

First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the…

August 30, 2019

Letters Demanding Payment Did Not Overshadow Validation Period

A debt collection agency did not violate § 1692g(b)’s 30-day validation period by sending two letters demanding payment and offering settlement terms during that period, a district court in Illinois…

March 15, 2019

District Court Rules Telemarketer’s Single Unanswered Call Creates Article III Standing

A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc.,…

February 27, 2019

CFPB Issues First Complaint Snapshot Under Kraninger

For the first time in over a year, the CFPB has issued a Complaint Snapshot. A practice started by Cordray in 2015, the report is a high-level snapshot of trends…

February 27, 2019

Sixth Circuit Doubles Down Despite Impending U.S. Supreme Court Decision

Just four days after the U.S. Supreme Court heard oral arguments in Obduskey v. McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the…

January 15, 2019

Government Shutdown Leaves Consumers Vulnerable

The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one.

Every day,…

January 10, 2019

Fifth Circuit:  Mortgage Servicing Rules Apply to Servicers Only

In a case of first impressions, the Fifth Circuit has held that the CFPB’s Mortgage Servicing Rules only apply to servicers and do not impute liability to the lender. In…

May 12, 2018

Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of…

May 11, 2018

D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry

In March, the D.C. Circuit issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling.  ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).  The ruling invalidates…

May 8, 2018

Recent Consumer Financial Services Litigation Cases: What You Need to Know

In the Spring 2018 Consumer Financial Services Update, Smith Debnam examines recent consumer financial services litigation cases taking place across the U.S., providing banks and other lending institutions with valuable insight and…

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