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…

November 5, 2015

CFPB Adopts Final HMDA Rules: What You Need to Know

The CFPB has issued its final rule modifying and significantly expanding the data collection reporting requirements under the Home Mortgage Disclosure Act (“HMDA”). Adopted in 1975, HMDA requires certain lenders…

October 8, 2015

Best Practices for Collection Law Firms in the Face of Increasing Regulatory Scrutiny

Please refer to updated article titled: “Law Firm Assessed $3.1 Million Fine – The Hanna Consent Order – published January 21, 2016.

 

Law firms that collect consumer…

September 21, 2015

Sixth Circuit Clarifies TCPA’s Prior Express Consent

The Sixth Circuit has clarified what constitutes “prior express consent” in connection with debt collection. In Hill v. Homeward Residential, Inc., File No. 15a0201p.06, 2015 U.S. App. LEXIS 14703 (6th…

September 18, 2015

OCC Continues to Emphasize Compliance with Servicemembers Civil Relief Act

In prepared remarks to the Association of Military Banks, the OCC re-emphasized its focus on bank compliance with the Servicemembers Civil Relief Act (the “SCRA”) and its ramp up to…

September 17, 2015

North Carolina Provides Some Clarification and Relief on Debt Collection

In a move that provides clarification and more consistency with the FDCPA but widens the gap as to the treatment of collection agencies and non-collection agency debt collectors, North Carolina…

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