May 19, 2016

Eleventh Circuit Requires Strict Compliance with FDCPA’s Initial Communication Requirements

Collection communications with consumer’s counsel must meet the same standard as those directly with a consumer according to the Eleventh Circuit. In Bishop v. Ross Earle & Bonan, P.A., the…

May 12, 2016

FTC Agrees to Settle with Hardware and Software Provider over Data Privacy Breaches

A recent settlement by the FTC with the manufacturer of computer routers serves as a reminder to all that in the growing Internet of Things, it is critical for companies…

May 6, 2016

CFPB Issues Annual Report on Consumer Complaints: What Debt Collectors Should Know

Since opening its doors in 2011, the CFPB has accepted consumer complaints on a variety of consumer products. Beginning with credit cards in 2011, the CFPB has expanded its complaint…

April 27, 2016

CFPB Penalizes Yet Another Debt Collection Law Firm

On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) issued its latest consent order against Pressler & Pressler, a New Jersey law firm that collects consumer debt. The CFPB…

March 17, 2016

CFPB Enters Consent Order with Buy Here Pay Here Auto Dealer

In its first enforcement order of the year, the CFPB took aim at the financing practices of a buy here pay here auto dealer.  “Buy here pay here dealers” sell…

March 11, 2016

The Telephone Message Conundrum Continues for Debt Collectors in New York

Ten years after the Southern District of New York entered into its infamous decision in Foti v. NCO Financial Systems, Inc., 424 F. Supp. 2d 643 (S.D.N.Y. 2006) and just…

March 4, 2016

CFPB Issues Fact Sheet Clarifying TRID Implementation and Construction Loans  

The CFPB has issued a fact sheet clarifying that, in most cases, construction loans are subject to the Loan Estimate and Closing Disclosure requirements of TRID. Exceptions to the rule…

February 29, 2016

FTC Continues to Focus on Fair Lending Issues in Auto Finance

Earlier this week, the FTC provided the CFPB with its annual update of FTC enforcement activities related to compliance with the Equal Credit Opportunity Act. The update was…

February 9, 2016

Tensions Continue to Mount Between the Bankruptcy Code and the FDCPA

The issue of whether the Bankruptcy Code precludes claims under the FDCPA took another twist in a recent opinion issued by the Second Circuit. In a pro-consumer opinion, the Second…

February 2, 2016

Lessons to be Learned from Wyndham Hotels Data Breach

The FTC recently entered into a Consent Order last week with Wyndham Hotels and Resorts resolving the FTC’s allegations that Wyndham did not do enough to prevent its customer’s credit…

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