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…

March 1, 2017

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”).  In Van Patten v. Vertical Fitness Group,…

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…

February 10, 2017

CFPB Enters into Consent Orders with Citibank Subsidiaries Over Mortgage Servicing Practices

The CFPB recently entered into consent orders with several Citibank subsidiaries attacking their mortgage servicing practices during the early days of the Mortgage Servicing Rules despite the CFPB’s assurances that early…

January 30, 2017

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota-based TCF National Bank.  In the lawsuit, the CFPB alleges that TCF National…

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 13, 2017

Two More Banks Fall to Redlining Consent Orders

The Department of Justice has entered into a proposed consent order with two Ohio-based banks resolving allegations that the banks engaged in a pattern or practice of redlining in their…

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