Consumer debt collection activities remain one of the primary focus areas of the Consumer Financial Protection Bureau (CFPB)—and this focus is not limited to the activities of third—party debt collectors. The CFPB released a Compliance Bulletin (Bulletin) on December 16, 2015, outlining its expectations regarding in-person debt collection activities both by first-party and third-party
CFPB Blogs that References to Consumer Reporting “Agencies” and Credit “Bureaus” are Confusing to Consumers
The Consumer Financial Protection Bureau (CFPB) posted guidance on its blog on January 27, 2016 reminding consumers of their right to obtain a free copy of their consumer report. The blog posting includes a link to an updated list of consumer reporting companies. This list includes the company name and contact information for the
Federal Trade Commission Solicits Comments on Holder Rule
The Federal Trade Commission (FTC) just published a request for public comments on the economic impact of and continuing need for the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, commonly known as the “Holder Rule.” In addition, the FTC has requested public comments on any developments in case law that should be
More Challenges to the FCC’S TCPA Declaratory Rulings and E-Faxes Covered Under the TCPA
The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the ruling and, on August 14, 2015, CodeBroker, LLC filed a similar lawsuit. Both lawsuits are pending in the United States Court of Appeals
Notice Me: The New Notice Requirements for HOA Lien Foreclosures in Nevada
In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR Investments, the Nevada Supreme Court held that a homeowners association (HOA) lien is
U.S. Supreme Court Upholds Use of Disparate Impact Claims in Fair Lending Enforcement
The US Supreme Court finally weighed in today on whether the disparate impact theory may be used to prove housing discrimination and ruled that such claims are viable under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq. This means plaintiffs only need to show the discriminatory effect of a particular business
CFPB Proposes to Extend TRID Effective Date to October 3
In a previous blog post, we discussed an informal announcement by the Consumer Financial Protection Bureau (CFPB) of its intent to delay the effective date of the new integrated mortgage disclosure rule under Regulations X and Z (commonly referred to as the TILA-RESPA Integrated Disclosure rule or TRID rule). A proposed amendment was released
Post-Foreclosure Sale Tenant Protections Proposed in Florida
Florida Senate Bill 524 and House Bill 779 would provide certain protections to tenants after the foreclosure sale of residential property. The bills, both of which were introduced on March 3, 2015, would add back certain tenant protections that previously existed under the federal Protecting Tenants at Foreclosure Act (PTFA), which sunset on December 31,