January 12, 2017

Call Volume Alone is Not Enough to Violate the FDCPA

A decision from a New Jersey district court serves as a reminder that call volume alone will not support a violation of the FDCPA. In Chisholm v. Afni, Inc., the…

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…

October 5, 2016

Court Holds That Consumers Cannot Engineer FDCPA Violations

A Missouri district court has refused to grant partial summary judgment in favor of a consumer who asserted violations of 15 U.S.C. 1692e(11). In Dodd v. Delta Outsource Group, the…

September 20, 2016

What Can We Learn from the Wells Fargo Consent Orders?

By now, most have read about the consent orders issued by the CFPB and the OCC concerning Wells Fargo. The consent orders ordered the bank to pay a total of…

September 14, 2016

Fourth Circuit Weighs in on Time-Barred Proof of Claim Debate

Joining the proof of claim fray, the Fourth Circuit has held that the filing of a time-barred proof of claim does not violate the FDCPA when the statute of limitations…

September 13, 2016

Deposit Accounts Remain in the CFPB Crosshairs

The CFPB issued its monthly report on consumer complaints this week making it clear that consumers’ access to depository accounts remains a focal point for the CFPB. The monthly report…

August 31, 2016

Court of Appeals Decision May Spell Trouble for Creditors

The North Carolina Court of Appeals has handed down a ruling that may prove worrisome for creditors. In ruling on two issues of first impression, the Court held that (1)…

August 26, 2016

CFPB Proposed Payday Rule: What You Need to Know

Earlier this summer, the CFPB issued its proposed payday rule. Hailed as an attempt to end “payday traps”, the 1,334-page missive addresses both short term loans and certain longer term…

August 17, 2016

Business Entity is a “Person” and May Have Standing to Sue Under FDCPA

By holding that the term “person” may include artificial entities, the Sixth Circuit expanded the notion of statutory standing under the Fair Debt Collection Practices Act. The…

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