CFS-Lawblog Blog

Articles: 1-10 of 54

Spokeo’s Impact (So Far) on FDCPA Claims

USA - November 3 2016 Last week, Dykema’s Consumer Financial Services Law Blog discussed in detail the Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016)…

Spokeo v. Robins: Supreme Court Requires Concrete and Particularized Injury Before Consumers Can Sue Under Federal Statutes, Giving Financial Services Providers an Additional Defense

USA - October 27 2016 The United States Supreme Court held earlier this year in Spokeo v. Robins that to maintain Article III standing, a plaintiff must allege an…

United States Supreme Court to Resolve Circuit Split Involving the Constitutionality of “No Surcharge” Laws

USA - October 20 2016 On September 29, 2016, the United States Supreme Court granted certiorari in the matter of Expressions Hair Design et al. v. Schneiderman, on appeal…

Seventh Circuit Holds That Filings in Court Can Fall Within the FDCPA

USA - October 19 2016 Last month, the Seventh Circuit reversed the dismissal of a putative class action alleging that debt collector defendants used misleading language in…

Lenders Beware: Settlement Suggests Illinois Attorney General Is Cracking Down on Interest Fees

USA - October 14 2016 A court settlement involving Illinois lenders suggests that Illinois Attorney General Lisa Madigan is making good on her promise to crack down on…

Supreme Court to Hear Case Involving Interplay Between Fair Debt Collection Practices Act and Bankruptcy Code

USA - October 13 2016 On October 11, 2016, the United States Supreme Court granted certiorari in the matter of Johnson v. Midland Funding LLC, on appeal from the Eleventh…

DC Circuit Panel Rules CFPB Structure Unconstitutional

USA - October 12 2016 RESPA issues may be the most relevant aspect of the October 11, 2016 ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit…

In Brief: CFPB Issues Long-Awaited Final Prepaid Rule

USA - October 10 2016 After more than four years of anticipation and speculation from the financial services community, the Consumer Financial Protection Bureau (CFPB)…

Don’t Ask, Don’t Discriminate: CFPB States That ECOA Prohibits Creditor Discrimination Based on Gender Identity and Sexual Orientation

USA - September 26 2016 The Consumer Finance Protection Bureau has stated that discrimination by creditors based on gender identity or sexual orientation violates the Equal…

New CFPB Mortgage Servicing and Loss Mitigation Rules to Take Effect in 2017 and 2018; New FDCPA Safe Harbor CFPB White Paper May Signal More to Come from CFPB on Loss Mitigation

USA - September 19 2016 The Consumer Financial Protection Bureau has issued yet another suite of regulatory changes related to mortgage servicing. The rules add additional…