This case provides interesting perspective on how a settlement was apparently reached fairly quickly and efficiently in a TCPA case. Also of note is the fairly broad definition of the Settlement Class.
The CFPB intends for its consent orders to set industry-wide precedents. In March 2016, CFPB Director Richard Cordray referred to consent orders as a guide “to all participants in the marketplace to avoid similar violations and make an immediate effort to correct any such improper practices,” telling the Consumer Bankers Association that any company not following the precedents set by the CFPB’s consent orders is committing “compliance malpractice.”
The requirements for what debt collectors are required to provide in “snail mail” notices to consumers arises from a patchwork of Federal, State and local laws — as well as case law that often varies by jurisdiction — and many of the requirements are antiquated, dating back to the 1970s. Unfortunately, these dated and contradictory collection letter requirements continue to result in lawsuits and adverse Court decisions against debt collectors.
Online lenders’ use of ACH networks to request payments can result in mounting fees and even account closure for borrowers with insufficient funds. That’s according to a new study from the CFPB, which took a look at the ACH behavior of lenders who, per the Bureau, make “online payday or other high-cost online loans with payments scheduled on a borrower’s payday.”
Is the online lending industry growing up? One fintech CEO suggested as much last week at LendIt 2016, the online lending industry’s big annual conference in San Francisco. And that maturity may well rest on the industry’s ability to confront collections and regulation.
On April 7, 2016 a Judge for the US District Court, Eastern District of Texas, granted a motion for Summary Judgment against a Dallas-based debt collector, Commercial Recovery Systems, Inc. (CRS), and its owner Timothy L. Ford, in an FTC enforcement action. The behavior that was identified is appalling. If true, how it developed and continued is beyond belief.
insideARM recently announced its second annual First Party Outsourcing Summit, which will take place October 17-19, 2016 at the Eaglewood Resort & Spa in Itasca, Illinois. We are seeking session proposals, especially from creditors who engage in first party outsourcing.
An Order granting partial summary judgment in favor of a plaintiff in a TCPA case against Navient and its affiliate, Student Assistance Corporation, was entered on April 6. The summary judgment order translates to an award of over $360,000, with the potential for additional liability once the case proceeds to trial on the issue of whether the defendants should be liable for treble damages under the statute. The case presents several interesting facts and issues.
The Silver case is important to the entire ARM industry for a number of reasons. Any positive decision in a TCPA case is a good decision and should be reviewed. However, the case is especially important to that segment of the ARM industry that collects on federal government-backed student loans.
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.