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…

January 29, 2016

Foti Revisited: When Does a Telephone Message Violate FDCPA

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), the debate…

January 28, 2016

CFPB Clarifies Liability Standard for TRID

Since TRID was introduced, a debate has raged on as to whether the Truth in Lending Act’s (TILA) liability rules or RESPA’s would govern TRID violations. The debate has key…

January 21, 2016

Law Firm Assessed $3.1 Million Fine – The Hanna Consent Order

This article is an update to the article titled: Best Practices for Collection Law Firms in the Face of Increasing Regulatory Scrutiny, published October 8, 2015.

Law…

December 18, 2015

Thoughts on TRID and Potential Regulatory Traps for Lenders

The Truth in Lending RESPA Integrated Disclosure Rule (TRID) took effect October 3, 2015, and placed the mortgage industry in unchartered waters. Our office has spent countless hours reviewing the…

December 15, 2015

Second Circuit Decision Creates a Moving Target for Statute of Limitations Calculations

Under the FDCPA, a plaintiff must bring its claims within one year from the date the violation occurs.  A recent decision by the Second Circuit demonstrates that the date the…

December 10, 2015

FTC Sends Warning to Creditors Collecting Their Own Debts: Winter is Coming

Creditors collecting their own debts have often sought solace in the fact that they were not covered by the FDCPA; however, over the past few years, that solace has been…

November 19, 2015

TCPA: North Carolina District Court Recognizes Good Faith Defense for Wrong Number Call

In cursory fashion, a North Carolina District Court has recognized a good faith defense to TCPA claims where calls were made to a wrong number. In Danehy v. Time Warner…

November 10, 2015

CFPB Monthly Report Turns its Attention to Credit Card Products

The CFPB issued its Monthly Report that provides a high-level snapshot of trends in consumer complaints and summarizes the volume of complaints by product category, company, and state.  Additionally, the…

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