Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations https://t.co/FwkJpuXtnq
Third Circuit Doubles Down on §1692f Violations https://t.co/8i2jCiZ9LL
Congress Continues To Examine Forced Arbitration https://t.co/6WeiUZ0sVg
Featuring one of the largest and most effective Creditors’ Rights practices in the Southeast, we represent everyone from national businesses and leading financial institutions to local firms and individuals. Our clients include:
Our team includes certified specialists in creditors’ rights law, as well as active members of the major trade organizations including the Commercial Law League, National Association of Retail Collection Attorneys, ACA International, and the Equipment Leasing and Finance Association. Services are available on both an hourly and contingent fee basis. We are equally equipped to handle everything from routine commercial and consumer collections to representing creditors’ committees in complex Chapter 11 cases. Our in-house team provides statewide service for many of our clients. We have also developed an extensive network of attorneys nationwide to assist with cases across the country.
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As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require… Read More
The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare… Read More
In March, the D.C. Circuit issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. Read More
In Church v. Financial Recovery Services, the Western District Court in New York held that a debt collector did not violate § 1692e(10)… Read More
On November 24, 2017, the White House appointed Mick Mulvaney as acting director of the CFPB, effective November 27, 2017. Since then, concerns… Read More
Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in… Read More
An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability… Read More
The Eleventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Read More
His light was red, swore the nuns. My light was green, slurred the drunk. Question of fact, ruled the judge. Summary judgment, denied. Read More
“Congratulations, we won! …now what?” — anonymous litigator In the hectic world of North Carolina civil litigation, the focused practitioner understandably may lose sight of… Read More
The CFPB recently entered into consent orders with several Citibank subsidiaries attacking their mortgage servicing practices during the early days of the Mortgage… Read More
The CFPB recently released its findings from its Survey of Consumer Views on Debt. The report is of limited value as it contains… Read More
A recent decision from the Northern District of Georgia serves as a reminder to both consumers and furnishers of information as to the… Read More
Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third… Read More
The North Carolina Court of Appeals has handed down a ruling that may prove worrisome for creditors. In ruling on two issues of… Read More
The CFPB published its Summer Supervisory Highlights last week, highlighting examinations that were conducted between January 2016 and April 2016 across various financial… Read More
Professional plaintiffs may need to reconsider their business strategy in the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136… Read More
Cases in the past year or two have made it harder and more time consuming to secure judgments on deficiencies. Given that deficiency… Read More
The CFPB issued its annual report detailing complaints submitted to the CFPB by servicemembers, veterans, and their families. According to the Report, the… Read More
Collection communications with consumer’s counsel must meet the same standard as those directly with a consumer according to the Eleventh Circuit. In Bishop… Read More
In North Carolina, there are two ways for a creditor to seek enforcement of a foreign judgment. One way is by… Read More
Since opening its doors in 2011, the CFPB has accepted consumer complaints on a variety of consumer products. Beginning with credit cards in… Read More
On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) issued its latest consent order against Pressler & Pressler, a New Jersey… Read More
Ten years after the Southern District of New York entered into its infamous decision in Foti v. NCO Financial Systems, Inc., 424 F. Read More
The issue of whether the Bankruptcy Code precludes claims under the FDCPA took another twist in a recent opinion issued by the Second… Read More
The FTC recently entered into a Consent Order last week with Wyndham Hotels and Resorts resolving the FTC’s allegations that Wyndham did not… Read More
This article is an update to the article titled: Best Practices for Collection Law Firms in the Face of Increasing… Read More
Please refer to updated article titled: “Law Firm Assessed $3.1 Million Fine – The Hanna Consent Order – published January 21,… Read More
The Consumer Financial Protection Bureau (CPFB) monitors debt collectors, banks, credit unions, and credit card companies, among others, to safeguard consumers. The CFPB… Read More
Late in the day on July 10, 2015, the FCC issued the highly controversial and long-awaited Declaratory Ruling and Order regarding nineteen filed… Read More
Contracts are just agreements, typically in writing. Contracts keep the business world humming along like a well-oiled machine. Unless one party seeks help,… Read More
The North Carolina Creditors Bar Association (“NCCBA”) is a specialty bar association that provides support to attorneys… Read More
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… Read More
A federal court has denied a lender’s motion to dismiss, holding that a lender may be held vicariously liable for its servicer’s violation… Read More
According to a federal court in Illinois, not all assisted dialing programs violate the Telephone Consumer Protection Act (TCPA). In Modica v. Green… Read More
The CFPB recently published its Spring 2015 Rulemaking Agenda, and while the agenda provided few definitive dates, it did shed some light into… Read More
Filing your lawsuit is hard enough and getting it served in North Carolina should be a straightforward process, but savvy defendants have found… Read More
Someone owes you money. They don’t pay. You take them to court. You win your case! You think, “Great! We’ve reached the end. Victory!”… Read More
Although electronic signatures have maintained an “equivalent to paper signature” status in North Carolina since 1998, their current use in commerce has remained… Read More
The Consumer Financial Protection Bureau (CFPB) has issued its Supervisory Highlights for July-December, 2014. The Bureau’s Supervisory Highlights provide a summary of issues… Read More
The North Carolina Senate has introduced a bill that will create a private right of action for inaccurate credit reporting. Senate Bill 357… Read More
The Federal Trade Commission (FTC) has issued a staff report on the “Internet of Things,” recommending businesses take concrete steps to enhance and… Read More
In a case of first impression, the Eleventh Circuit has ruled that a consumer’s credit report does not have to be published to… Read More
My secured lender clients sometimes contact me in desperation because they believe they cannot get their liens recorded on NC car titles. Their… Read More
The Courts have repeatedly rebuffed the specious defense that securitizing credit card account receivables in essence denies creditors legal standing to pursue their… Read More
The Consumer Financial Protection Bureau (“CFPB”), one of the federal government’s primary regulatory enforcement agencies under the Dodd-Frank Act, recently announced that it… Read More
It’s rarely good news when your customer files a Chapter 11 bankruptcy. However, when it happens, you can prevent a bad situation from… Read More
Many creditors have experienced situations where it was nothing short of a battle to get a customer to pay an outstanding invoice. Therefore,… Read More
The statute of limitations exists in order to force an aggrieved party to take action on their claim within a reasonable period of… Read More
Paul Tharp, Staff Writer for North Carolina Lawyer’s Weekly interviewed Jerry… Read More
As a frequent speaker on lender compliance law, I have never failed to startle an audience with the realization that they are exposed… Read More
It is difficult to pick up a newspaper anywhere in the United States and not find an article on the economy, the downturn… Read More
The Bankruptcy Court for the Eastern District of North Carolina recently handed down an important decision governed by the Bankruptcy Abuse Prevention and… Read More
Executive summary: don’t pay more than 15 days storage to an NC mechanic to recover your collateral unless the mechanic can prove he… Read More
There is a tradition in the law that things are not always as they seem. We think of liens as simply “which came… Read More
In recent years, the number of reports of identity theft has increased dramatically in North Carolina. Personal information, including a social security number,… Read More
For nearly all of the twenty-six years since our current Bankruptcy Code was passed, Chapter 7 debtors rarely have resorted to redeeming… Read More
Recently, there has been a great deal of discussion about bankruptcy abuses and a new law designed to curb them. The Bankruptcy Abuse… Read More
With the increased numbers of men and women serving our country, creditors should be mindful of the protections provided by law for those… Read More
A good credit policy should be designed to protect your business in the event that a customer fails to pay his or her… Read More
