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New York Passes Vacant and Abandoned Property Law

USA - June 28 2016 On June 23, 2016, New York Governor Andrew Cuomo signed AB 10741SB 8159 into law as 2016 Laws of New York, Chapter 73. Part Q of Chapter 73 amends

New York Court Voids MCA Contract Based on Merchant's Claims that Hurricane Matthew Caused Disruption of Business

USA - January 30 2019 On January 7, 2019, the Supreme Court of New York, Westchester County, vacated a confession of judgment and voided the underlying Merchant Agreement

When Is a Repossession Company a "Debt Collector" under the FDCPA?

USA - October 28 2016 The federal Fair Debt Collection Practices Act generally does not apply to repossession companies - they are exempt from the definition of "debt

Now It's Real: No Statute of Limitations for CFPB UDAAP Claims

USA - June 30 2016 The Consumer Financial Protection Bureau is using an increasingly important interpretation of its enabling statute to bring unfair, deceptive, or

Repossession Pitfalls under the SCRA

USA - September 29 2016 One of the really great things about my job is the interesting questions my clients send me. The Servicemembers Civil Relief Act provides no shortage

FTC Forum on Small Business Financing

USA - May 10 2019 On May 8, 2019, the Federal Trade Commission hosted a forum on small business financing to examine trends and consumer protection issues in this

Indiana Revises IUCCC Late Charge Provisions for Consumer Credit Sales and Consumer Loans

USA - May 10 2019 On May 6, 2019, the Governor of Indiana signed House Bill 1136, which amends the Indiana Uniform Consumer Credit Code, Ind. Code 24-4.5-1-101 et

CFPB Issues Long-Awaited Proposed FDCPA Regulation

USA - May 7 2019 Today, the Consumer Financial Protection Bureau issued a proposed rule implementing the Fair Debt Collection Practices Act pursuant to its authority

New York DFS Announces Creation of Consumer Protection and Financial Enforcement Division

USA - May 1 2019 On April 29, 2019, the Acting Superintendent of the New York Department of Financial Services announced that the DFS is creating a new Consumer

Don't Assume What a Court Will Assume About Your Contract

USA - April 30 2019 It's often difficult to predict how a court will interpret text, whether the text is part of a statute, a regulation, or a contract. Sure, courts