CFPB Proposes Delay to Implementation of Its Debt Collection RulesYesterday, the CFPB issued a proposed rule that would extend implementation of both parts of its debt collection rule by 60 days — from November 30, 2021, to January 29, 2022. The debt collection rule, which we have discussed here in detail, addresses numerous topics related to debt collection, including debt collection call volume, restrictions on certain communication mediums under certain circumstances, a prohibition on bringing or threatening to bring legal action to collect time-barred debt, restrictions on certain forms of consumer credit reporting, and rules for electronic communications. … Continue Reading

FEMA Releases Flood Insurance Rating Methodology Under Risk Rating 2.0On April 1, 2021, FEMA released its highly anticipated flood insurance rating methodology, Risk Rating 2.0-Equity in Action.

FEMA first announced “Risk Rating 2.0-Equity in Action” in March 2019 as an effort to improve flood maps and offer rates that are fair, easy to understand, and more aligned with a property’s unique flood risks. The new rating system was initially set to be implemented on October 1, 2020. FEMA extended the date by a year to broaden its analysis of the proposed rating system.

The NFIP currently uses a rating … Continue Reading

In a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law on March 29, 2021, amendments to the West Virginia Consumer Credit and Protection Act (WVCCPA). These amendments appear to provide clarity on certain attorneys’ fees provisions in the WVCCPA, to define the process for a pre-suit notice to cure and offer in response, and to provide new limitations on recovery of attorneys’ fees in the instance of an offer of judgment or a … Continue Reading

CFPB Signals Continued Progress Toward Dodd-Frank 1071 Notice of Proposed RulemakingOn the heels of CFPB Acting Director Dave Uejio’s recently released statement to agency staff members, the Bureau again signaled that it is making progress toward issuing a Notice of Proposed Rulemaking (NPRM) enacting Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act). Specifically, in late February, the CFPB filed its fourth status report in the United States District Court for the Northern District of California as part of a legal settlement. This latest status report indicates that the Bureau is moving closer towards … Continue Reading

Bradley’s Bankruptcy Basics: How to File a Proof of Claim 101You just heard that a customer has filed for bankruptcy — what do you do now? One of the first steps is to determine whether you should file a proof of claim.

How will I be alerted about the bankruptcy?

When a bankruptcy case is filed, the debtor is required to list all of his creditors in the petition. Subsequently, the clerk of the bankruptcy court will send out a notice to all listed creditors that the debtor has filed bankruptcy (this is normally known as an “Official Form 309”). … Continue Reading

CFPB Proposes COVID-19-Related Amendments to the Mortgage Servicing RulesOn April 5, 2021, the Consumer Financial Protection Bureau issued a proposal to amend the existing loss mitigation rules in Regulation X. As stated in the Bureau’s press release, the proposal is designed to “help prevent avoidable foreclosures as the emergency federal foreclosure protections expire.” To accomplish that goal, the proposed rule has a few primary components, none of which are overly surprising given Acting Director David Uejio’s prior statements and the many rumors that have been circulating for quite some time now regarding the likelihood of future rulemaking. … Continue Reading

CFPB Puts Mortgage Servicing Industry on Notice: Being “Unprepared is Unacceptable”On April 1, 2021, the Consumer Financial Protection Bureau emphasized that the mortgage servicing industry must prepare now for an inevitable increase later this year in loss mitigation requests from borrowers whose COVID-19 forbearance plans come to an end. In what is certainly not an April Fools’ joke, the CFPB issued a detailed bulletin that is likely to make servicers a bit nervous. The Bureau acknowledges there will be increased and, in many ways, unique demands placed on servicers in September and October of 2021 when COVID-19 forbearance plans end … Continue Reading

On March 31, 2021, the Consumer Financial Protection Bureau (CFPB) rescinded seven recent policy statements and one bulletin in an effort to ensure compliance with consumer protection laws and reinforce its supervisory and enforcement authority. These rescissions are effective April 1, 2021.

The policy statements, which were issued between March 26 through June 3, 2020, were designed to provide flexibility to financial institutions that faced compliance challenges during the onset of the COVID-19 pandemic. Generally speaking, the now-rescinded guidance indicated that the CFPB, in exercising its supervisory and enforcement powers, … Continue Reading

In a landmark decision released this morning, the U.S. Supreme Court finally answered the question that has been at the heart of Telephone Consumer Protection Act (TCPA) litigation for decades – what constitutes an autodialer? – and the decision is a huge win for TCPA defendants. In Facebook v. Duguid, the Supreme Court unanimously held that, in order to qualify as an autodialer under the TCPA, a dialer must not only dial stored numbers using a random or sequential number generator, it must also have generated those numbers in … Continue Reading

New York Clarifies Mortgage Loan Acceleration and De-Acceleration: Starting and Stopping the Limitations ClockOn February 18, 2021, the New York Court of Appeals’ consolidated resolution of four cases that answered two critical questions concerning the application of the statute of limitations in New York mortgage foreclosure actions: What constitutes a valid acceleration such that the six-year “clock” is started and what actions constitute a valid “de-acceleration” of a loan?

Question 1: What starts the clock?

The opinion discussed two cases, Wells Fargo Bank, N.V. v. Ferrato and Vargas v. Deutsche Bank National Trust, addressing acts that do — or do not — constitute … Continue Reading