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The Consumer Financial Services Blog Blog

Articles: 1-10 of 207

6th Cir. BAP Holds So-Called ‘910 Claims’ To Be Treated Like Other Allowed Secured Claims

USA - December 30 2019 The Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Sixth Circuit recently reversed a lower bankruptcy court’s ruling that rejected…

9th Cir. Rules Letter’s ‘Benefits’ of Paying Time-Barred Debt Not Misleading Under FDCPA, CFPB to Address SOL Disclosures

USA - December 30 2019 The U.S. Court of Appeals for the Ninth Circuit recently held that a collection letter offering payment options on a time-barred debt and listing…

8th Cir. Reverses Nationwide UDAP Class Cert Due to Variations in State Law

USA - November 20 2019 The U.S. Court of Appeals for the Eighth Circuit recently reversed certification of a nationwide class involving allegedly deceptive advertising…

9th Cir. Holds FCRA ‘Permissible Purpose’ Plaintiff Had Standing, Establishes Elements for Such Claims

USA - November 20 2019 In a case of first impression in that circuit, the U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s dismissal of a…

9th Cir. Reverses Summary Judgment on TCPA Allegations Creditor Ratified Contractor’s TCPA Violations

USA - April 11 2019 The U.S. Court of Appeals for the Ninth Circuit recently reversed a summary judgment award in favor of a student loan buyer, holding that triable…

9th Cir. Holds GSE Is Not ‘Consumer Reporting Agency’ Under FCRA

USA - April 8 2019 The U.S. Court of Appeals for the Ninth Circuit recently held that a government sponsored enterprise (“GSE”) that licensed underwriting software to…

SCOTUS Vacates Class Action Settlement Citing Spokeo

USA - April 5 2019 The Supreme Court of the United States recently vacated the U.S. Court of Appeals for the Ninth Circuit’s approval of a class action settlement…

1st Cir. Rejects Challenges to Arbitration of Putative Class Action

USA - April 3 2019 The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a putative class action lawsuit that challenged the company’s…

2nd Cir. Holds FDCPA Does Not Require Itemization of ‘Amount of the Debt’

USA - March 29 2019 The U.S. Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his…

SD Fla. Denies FDCPA Class Certification Due to Individual Issues of ‘Actual Damages’

USA - March 27 2019 The U.S. District Court for the Southern District of Florida recently denied a consumer’s motion for class certification in a putative class action…