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…

April 13, 2018

CLIENT ALERT: CFPB’s Successor in Interest Rules Take Effect April 19, 2018: What You Need to Know

On April 19, 2018, the CFPB’s Successor in Interest Rules take effect.  Here’s what you need to know:

What do the Successor in Interest Rules require?

The Rules are really…

March 22, 2018

Third Circuit Holds Settlement Offer on Time-Barred Debt States Plausible FDCPA Claim

The Third Circuit refined its position as to whether collection of time-barred debt may violate the FDCPA where the communication involves an offer to settle. In doing so, the Court…

March 22, 2018

Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for…

March 22, 2018

Tenth Circuit Joins the Fray Regarding Whether Foreclosures are Debt Collection Activity

The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. In doing so, the Tenth Circuit has joined a split in the circuits on the…

February 23, 2018

Bankruptcy Straight-Talk for Credit Union Members

Bankruptcy is not a sure-fire remedy for credit union members in severe financial distress. While it can provide an avenue for escaping your promises to repay, it can also have…

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