September 16, 2015

FDIC Enters Consent Order Regarding Credit Card Add On Products

The FDIC has entered into a settlement with Comenity Bank and Comenity Capital Bank regarding their servicing and marketing of credit card add-on products. The liability premise involves Section 5…

August 27, 2015

Money Owed as a Result of Theft is not a Debt for FDCPA Purposes

The Second Circuit recently joined other circuits in confirming that money owed as a result of theft or tort claims does not constitute a debt within the meaning of the…

August 17, 2015

Sixth Circuit Expands Standing under the FDCPA

In a 2-1 decision, the Sixth Circuit recently held that the definition of “person” under the FDCPA includes business entities, including corporations and limited liability companies for purposes of 15…

August 10, 2015

The FCC TCPA Ruling: What Healthcare Providers Need to Know

The Federal Communications Commission (the “FCC”) recently released its Declaratory Ruling and Order regarding the requirements of the Telephone Consumer Protection Act of 1991 (the “TCPA”). The FCC Order provides some…

August 5, 2015

The FCC TCPA Ruling: What Financial Institutions Need to Know

The Federal Communications Commission (the “FCC”) recently released its Declaratory Ruling and Order regarding the requirements of the Telephone Consumer Protection Act of 1991 (the “TCPA”). The FCC Order provides…

July 17, 2015

CFPB Zeroing in on Inadequate Policies and Procedures

The Consumer Financial Protection Bureau (CPFB) monitors debt collectors, banks, credit unions, and credit card companies, among others, to safeguard consumers. The CFPB requires that these institutions institute policies and…

July 13, 2015

FCC Issues TCPA Declaratory Ruling and Order

Late in the day on July 10, 2015, the FCC issued the highly controversial and long-awaited Declaratory Ruling and Order regarding nineteen filed petitions requesting clarification of TCPA’s application. I spent…

June 26, 2015

WAIT. WHAT? NC Business Court Throws A Wrench Into Settlement Discussions

Contracts are just agreements, typically in writing. Contracts keep the business world humming along like a well-oiled machine. Unless one party seeks help, courts don’t butt in. But, what about…

June 17, 2015

NC Creditors’ Rights Attorneys Unite!

The North Carolina Creditors Bar Association (“NCCBA”) is a specialty bar association that provides support to attorneys across the state who practice creditors’ rights…

June 12, 2015

The CFPB Payday Proposal: Cost Will Drive Players from the Market

Payment Collection Practices:

The CFPB proposal includes restrictions on collection practices for covered short-term and longer-term loans. As rationale for the restriction, the CFPB cites the “substantial risk of consumer…

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