This article previously appeared on The Consumer Finance Litigation Blog and is republished here with permission. Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v. Beauvais¸ 3D14-575 when it split with the Fourth District Court […]
This article previously appeared on The Consumer Financial Services Blog and is republished here with permission. The U.S. Court of Appeals for the Eleventh Circuit recently upheld the district court’s dismissal of a borrower’s amended complaint against a loan servicer alleging claims under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act […]
On January 29, 2016 the U.S. District Court for the Southern District of Alabama granted a Motion for Summary Judgment by the Defendant in Robert L. Arnold v. Bayview Loan Servicing, LLC, et al. This was a bona fide error case, and was won on the existence of substantial evidence of policies & procedures and training.
In Garfield v. Ocwen Loan Servicing, LLC, the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the FDCPA,as opposed to seeking relief in the bankruptcy court. The Court held that the Bankruptcy Code provision governing the discharge injunction, “does not explicitly create a cause of action for its violation, whereas the automatic stay provision provides such a remedy…”
Yesterday insideARM reported on an Eleventh Circuit Court of Appeals Decision confirming the validity of prior express consent in a TCPA case. This case and another one today in this article should be read together for an excellent discussion on the issue of “prior express consent.”
This update was provided to us by Cornerstone Support. On August 11, 2015 the Commonwealth of Massachussetts Division of Banks released this memo: To the Chief Executive Officer Addressed: RE: The Division of Banks Issues its Fourth Round of Results from its Regulatory Review Initiative One of the key objectives for the Division of Banks […]
The U.S. Court of Appeals for the Second Circuit recently reversed the dismissal of a consumer’s claim alleging that a mortgage loan servicer violated the federal Fair Debt Collection Practices Act by sending a servicing transfer notice that did not contain the disclosures required under the FDCPA, 15 U.S.C. 1692g.
Yesterday the CFPB released its first monthly report on consumer complaints. The Report provides a high-level snapshot of trends, including the most complained about companies regarding debt collection.
The U.S. Supreme Court recently held that a debtor in a Chapter 7 case cannot “strip-off” or void a wholly unsecured junior mortgage under section 506(d) of the Bankruptcy Code.
The Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) Tuesday announced a settlement with a national mortgage servicing company over charges that it engaged in illegal debt collection and loan servicing practices.