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Statutory Interest Cannot Accrue on Charged-off Credit Cards, Says Kentucky Supreme Court
  • Maurice Wutscher LLP
  • USA
  • March 16 2017

The Kentucky Supreme Court recently ruled that a debt buying company may not charge or collect statutory interest under section 360.010 of the

Justice Department Tells Court CFPB is Unconstitutional
  • Stinson Leonard Street LLP
  • USA
  • March 18 2017

The Department of Justice has filed an amicus brief in the case of PHH Corp. v. Consumer Financial Protection Bureau pending before the United States

Contracting Accidentally through Preliminary AgreementsA Writing “Subject To Contract” May or May Not be a Contract
  • Weil Gotshal & Manges LLP
  • European Union, United Kingdom, USA
  • March 8 2017

Abraham Lincoln is credited with the observation that calling a calf’s tail a leg does not mean the calf now has five legs. The calf’s tail does not

Data Privacy and Security: A Practical Guide for In-House Counsel
  • Bryan Cave LLP
  • Canada, European Union, Global, USA
  • February 1 2017

Five years ago few legal departments were concerned with - let alone focused on - data privacy

Massachusetts Court Holds Do Not Even Attempt to Call Massachusetts Consumers More Than Twice in a 7-Day Period to Collect Their Delinquent Debts
  • Seyfarth Shaw LLP
  • USA
  • July 15 2016

Court holds placing more than two debt collection calls to a Massachusetts consumer debtor In a seven-day period can violate the Massachusetts debt

Taking a security interest in a closely held business
  • Sherman & Howard LLC
  • USA
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business

U.S. Supreme Court Grants Cert to Decide Whether Debt Buyers are "Debt Collectors" under the FDCPA
  • Hudson Cook LLP
  • USA
  • February 28 2017

On January 13, 2017, the U.S. Supreme Court decided to hear the appeal of a debtor from a decision by the U.S. Court of Appeals for the Fourth

A word of caution to co-guarantors: do not assume you will be reimbursed for partial payments of a common liability
  • Barnes & Thornburg LLP
  • USA
  • January 24 2011

Suppose you are one of multiple individual owners of a company, and you all agreed to guarantee the company's loan from a bank

Fla. App. Court (2nd DCA) Rules Florida’s Notice of Assignment of Debt Does Not Apply to Deficiency Actions
  • Maurice Wutscher LLP
  • USA
  • February 21 2017

The District Court of Appeal of Florida, Second District, recently held that section 559.715 of the Florida Consumer Collection Practices Act (FCCPA

District Court Opinion Highlights Effect of Spokeo on FDCPA Claims
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • March 8 2017

A recent district court opinion from Michigan makes clear that statutory violations of the FDCPA do not absolve a plaintiff from the need to show a