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Consumer Financial Services Law Monitor Blog

Articles: 1-10 of 175

Senate Passes Resolution to Overturn CFPB’s 2013 Auto Finance Guidance

USA - April 18 2018 In a 51-47 vote on April 18, the U.S. Senate voted in favor of invalidating 2013 guidance from the Consumer Financial Protection Bureau that targeted…

Seventh Circuit Rejects Use of Safe Harbor Language With Variable Amount of Debt

USA - April 16 2018 In a recent ruling, the Seventh Circuit Court of Appeals held that plaintiffs stated a viable claim under the Fair Debt Collection Practices Act by…

Report Finds Housing Crisis May Have Turbocharged Student Loan Crisis

USA - April 16 2018 In a still-incomplete provocative piece whose conclusions were presented at this year’s American Economic Association (“AEA”) meeting in Philadelphia…

U.S. District Court Awards Summary Judgment to Debt Collector on “Tax Consequences” Disclosure in Collection Letter

USA - April 12 2018 On March 19, the United States District Court for the Western District of New York granted summary judgment to a debt collector who was sued for…

San Francisco Expands Scope of Existing “Ban the Box” Law

USA - April 11 2018 On April 3, both the City and County of San Francisco amended the Fair Chance Ordinance (“FCO”) - their existing ban-the-box law - to align it with…

District of Nevada Applies ACA Int’l v. FCC, Grants Summary Judgment in Favor of Defendant on TCPA Claim

USA - April 6 2018 The District of Nevada recently applied the D.C. Circuit’s decision in ACA International v. FCC and granted summary judgment in favor of the defendant…

Supreme Court Will Not Review the Seventh Circuit’s Controversial Decision that Compliance with Controlling Law May Result in FDCPA Liability

USA - April 5 2018 We previously reported on the Seventh Circuit Court of Appeals’ decision in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 864 F.3d 492 (7th Cir…

California Court of Appeal Holds Mortgage Servicers Can be Debt Collectors Under State’s Debt Collection Law

USA - April 4 2018 According to a recent decision from the California Court of Appeal, mortgage lenders and servicers can, at least under certain circumstances, be “debt…

MyFitnessPal Apparently Has Some Foes; Under Armour Reacts Quickly to Massive Data Breach

USA - April 4 2018 Within days of realizing a data breach incident had occurred, Under Armour, Inc.—the owner of the popular calorie counting application…

CLOUD Act Signed into Law

USA - March 30 2018 The Clarifying Lawful Overseas Use of Data Act, commonly referred to as the “CLOUD Act,” a last-minute addition to the $1.3 trillion federal spending…