Hot Topics

Head of the CFPB Believes Regulator Is Unconstitutionally Structured

The head of the Consumer Financial Protection Bureau now believes that the financial regulator she leads is unconstitutionally structured, CNBC.com reported. CFPB Director Kathleen Kraninger notified senior lawmakers yesterday that the bureau had determined that the...

Creditors See NC Appeals Court Ruling as Possible Game-Changer

As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often, after exhausting the usual methods of...

NCBA Member Prevails in Meaningful Attorney Involvement Case

FOR IMMEDIATE RELEASEJuly 26, 2018 National Creditors Bar Association is the only national bar association that is dedicated to serving attorneys engaged in the practice of creditors rights law. NCBA fosters and advances professional practices and ethical conduct....

Tougher Payday Loan Rules to Remain in Place, for Now

Tougher rules governing the payday lending industry, finalized during the last weeks of an Obama-era appointee who led the Consumer Financial Protection Bureau, will remain in place for now after Congress allowed a deadline to overrule them pass without action, the...

Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable injury.”  In Hagy v. Demers & Adams, 2018...

CFPB to Work With FTC on Policing Debt Collectors

The Consumer Financial Protection Bureau will team up with the Federal Trade Commission to police debt collectors as it shifts to a gentler form of enforcement under the Trump administration, the Wall Street Journalreported. CFPB Acting Director Mick Mulvaney...

Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza.  A New Jersey district court recently held that a debt collection letter was not false or deceptive...

Mulvaney Reigns in the CFPB

On November 24, 2017, the White House appointed Mick Mulvaney as acting director of the CFPB, effective November 27, 2017.  Since then, concerns have been raised that Mulvaney might ‘gut” the agency.  Here is a quick look at the actions of the agency since Mulvaney’s...

Eleventh Circuit Continues to Explore Definition of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA.  As many may recall, the Eleventh Circuit’s opinion in Davidson v. Capital One Bank, 797...

CFPB Issues Final Rule for Small Dollar Lending Market

The controversial rulemaking, which drew a record-breaking number of comments from both industry stakeholders and consumers opposed to the CFPB’s proposals, imposes complex ability-to-repay requirements on payday and other loans, along with new debit disclosures and...

Eleventh Circuit Holds Voice Mail Message is a Communication

The Eleventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA.  In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left a message which stated: This is...

Spokeo Heading for an Encore in the Supreme Court?​

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.  Before the death of Justice Antonin Scalia, the Supreme Court granted certiorari in Spokeo Inc. v. Robins, ostensibly to decide whether Congress can confer Article III (or...

District Court Takes on the Intersection of Bankruptcy and the FDCPA

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims.In December 2013, Jeziorowski filed a complaint alleging violations of the Fair Debt Collection...

District Court Takes Perplexing Stance on Third Party Standing

An Illinois district court has taken a broad view of standing under section 1692e of the FDCPA.  In Koval v. Harris & Harris, Ltd., 2017 U.S. Dist. LEXIS 53124 (N.D. Ill. Apr. 5, 2017), a demand letter addressed to Michael Koval was opened and read by his...

Credit Reporting Remains a High Priority for the CFPB

The CFPB confirmed credit reporting remains a high priority for the agency by issuing a special Supervisory Highlights devoted to credit reporting earlier this month.  The report was generally complimentary of the strides that credit reporting agencies have made...

$1.90 Can’t Buy You an FDCPA Violation​

A consumer who sued a debt collector over an inaccurate statement as to the amount of a settlement offer recently saw his complaint dismissed for lack of standing.  In Allgire v. HOVG, LLC, the plaintiff was contacted regarding a medical debt and offered a settlement...

House Votes to Create New Bankruptcy Rules for Banks

The House of Representatives voted yesterday to add a new section to the bankruptcy code just for banks, a measure meant to allow banks to fail without needing taxpayer bailouts or setting off a crisis, the Washington Examiner reported yesterday. The lower chamber...

Justices Side With Free-Speech Challenge to Credit Card Fees

The Supreme Court ruled yesterday that the First Amendment applies to a New York law concerning credit card fees, the New York Times reported. The decision was a victory for five businesses that had sought to tell their customers that they imposed a surcharge for...

Fed Sees Two More Rate Increases in 2017

Federal Reserve officials still expect to raise short-term interest rates two more times this year after lifting them Wednesday — and they see no major changes in their economic outlook, the Wall Street Journal reported today. In economic projections released...

CFPB Penalizes Another Collection Law Firm

On April 25, 2016 the Consumer Financial Protection Bureau (CFPB) issued its latest consent order against a law firm that specializes in consumer debt collection. The April 25 order is against Pressler & Pressler, a New Jersey law firm. A similar consent order was...

A Blow to the “You Can’t Prove You’re the Holder” Defense

By Michael B. Stein, Associate Attorney, HUTCHENS LAW FIRMIn North Carolina, powers of sale foreclosures are relatively limited in their scope.  To authorize a foreclosure sale, the Clerk of Superior Court must find the existence of only six elements: (i) a valid debt...

NCCBA Supports S.B. 632: “Civil Judgment/Allow Wage Garnishment”

The North Carolina Creditors Bar Association supports Senate Bill 632, currently short-titled “Civil Judgment/Allow Wage Garnishment.”  You can learn more about the bill through the North Carolina General Assembly’s website here.Mitch Myers, Litigation Managing...

© 2020 North Carolina Creditors Bar Association. All rights reserved.​

Website Design and Hosting by Orbit Design Works