Joann Needleman is leader of Clark Hill’s Consumer Financial Services Regulatory & Compliance group. Joann has extensive litigation experience in state and federal courts, successfully defending creditors agains claims brought under the Fair Debt Collection Practices Act and Fair Credit Reporting Act as well as state statutes. She provides counsel, consultation and litigation services to financial institutions, law firms and debt buyers throughout the country. Joann is the immediate past President of the Board of Directors of NARCA - the National Creditors Bar Assocation. She also serves on the Consumer Financial Protection Bureau Consumer Advisory Board.
In a unanimous decision issued today, the United States Supreme Court held that private attorneys hired by the Ohio Attorney General to collect debts owed to state agencies were “state officers” otherwise exempt from portions of the FDCPA, and that even if the private attorney didn’t have “state officer” status, using Ohio AG letterhead did not violate the FDCPA.
In a 6-2 decision, the United States Supreme Court on Monday sided with an online “people search engine” company, Spokeo.com, to provide critical insight as to when and how consumers can sue for privacy violations under the FCRA.
This article originally appeared as an Alert on ClarkHill.com, and is republished here with permission. Lightning can strike twice. With the ink barely dry on the Consent Order against the Hanna Law Firm (Hanna) in Georgia, the Consumer Financial Protection Bureau (CFPB or Bureau) yesterday took action against another debt collection law firm for the filing […]
In the past two weeks, two new trade groups have been launched by those subject to oversight and regulation by the CFPB – the Coalition for Responsible Business Finance, and the Marketplace Lending Association.
This article originally appeared as an Alert on ClarkHill.com, and is republished here with permission. There was no shortage of emotionally charged rhetoric and pointed accusations during yesterday’s testimony of the Consumer Financial Protection Bureau’s (CFPB or “Bureau”) Director, Richard Cordray, before the House Financial Services Committee (the “Committee”). The hearing made clear that several industries […]
This article originally appeared as an Alert on ClarkHill.com and is reprinted here with permission. The 10th edition of Consumer Financial Protection Bureau’s (CFPB or Bureau) Supervisory Highlights (the Report) continues on the themes of credit reporting and overdraft protection prevalent in recent CPFB statements (see February 3, 2016 CFPB Press Release and Compliance Bulletin 2016-01). While debt collection, mortgage and […]
Yesterday’s Consumer Financial Protection Bureau’s (CFPB) Consent Order against Dwolla, Inc., a company that operates an online payment system, is yet more evidence of the murky world of Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) enforcement. The CFPB alleged that Dwolla falsely claimed that its data security practices exceeded or surpassed industry security practices and falsely claimed that the consumer information that it held was securely encrypted and stored.
After four years and two appeals, the case of Simon et v. FIA Card Services et al., stemming from communications surrounding sending a bankruptcy subpoena, has finally been resolved in favor of the attorneys as well as the creditor.
The two year legal battle between the Consumer Financial Protection Bureau (“CFPB”) and the Law Firm of Frederick J. Hanna (“Hanna”) came to a possible resolution when both sides filed a joint motion for a Stipulated Judgment and Order (“Order”). The case was before the United States District Court in the Northern District of Georgia. The […]
The Third Circuit Court of Appeals heard oral argument in the case of Bock v. Pressler & Pressler. Observers saw this as a significant case, with far-reaching impact upon attorneys who engage in debt collection litigation. From the tone of the Circuit Court’s questions, it was clear that policy consideration were at the center of the Court’s focus.