CFPB Released a Small Entity Compliance Guide for the Payday Lending Rule

On February 20, 2019, the CFPB released a Small Entity Compliance Guide (“Guide”) summarizing the requirements of the Payday, Vehicle Title, and High-Cost Installment Lending Rule (“Payday Lending Rule”). As previously reported, here, on February 6, 2019, the CFPB had issued a proposed rule seeking, among other things, to rescind…

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The CFPB Issued Proposed Rules Seeking to Rescind Parts of the Payday Lending Rule…

On February 6, 2019, the CFPB issued a notice of proposed rule (“NPRM”) seeking, among other things, to rescind the ability to repay and related mandatory underwriting provisions of Payday, Vehicle Title, and Certain High-Cost Installment Loans, which was finalized on October 5, 2017 (“Payday Lending Rule”). The NPRM is…

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Second Circuit holds that individual owner liable for FDCPA violations of his debt collection…

The Second Circuit affirmed a decision by the US District Court for the Western District of New York finding the owners of several debt collection companies personally liable for the disgorgement of the money the companies received as a result of violating the Federal Trade Commission Act (“FTCA”) and the…

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California Supreme Court holds that a purchaser of real property at a foreclosure sale…

In Dr. Leevil, LLC v. Westlake Health Care Center, S241324 (Dec. 17, 2018) the California Supreme Court resolved a procedural question related to the timing of the notice that must precede an unlawful detainer action, where the action was not brought by the landlord, but rather by a mortgagee that…

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CFPB Releases Consumer Protection Principles for Consideration When Developing Services Based on Consumer-Authorized Financial…

On October 18, 2017, the CFPB released a set of principles expressing the CFPB’s vision of maintaining a balance in creating services based on consumer-authorized use of financial data and data aggregation. The principles are intended to apply broadly, but the CFPB indicated that they are particularly applicable to fintech…

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Provider of loan modification services is not engaging in “real estate transactions” under Illinois’…

The Illinois Supreme Court was asked to answer the certified question whether the State of Illinois may pursue a claim under the Illinois Human Rights Act against providers of loan modification servicers to distressed mortgagors under a reverse redlining theory. The Court held that the services did not fall under…

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Eleventh Circuit Court holds that a certified receipt by the borrower satisfied the acknowledgment…

In Meeks v. Ocwen Loan Servicing LLC, No. 16-15536 (11th Cir. Mar. 1, 2017) the Eleventh Circuit Court held that a certified receipt by the borrower satisfied the acknowledgment requirement of RESPA and that any defect in the receipt did not cause a “concert injury” meaning the borrower lacked Article…

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Fifth Circuit holds that a lender’s secondary market policy of not buying loans which…

In Alexander v. AmeriPro Funding, Inc., 848 F.3d 698 (5th Cir. Feb. 16, 2017) the Fifth Circuit held that a lender is not guilty of violating the Equal Credit Opportunity Act (ECOA) because of an alleged policy not to buy loans in the secondary market that rely on a borrower’s…

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Eight Circuit affirms judgment in class action case that charging a separate fee to…

The Eight Circuit in McKeage v. TMBC, LLC, 847 F.3d 992 (8th Cir. Feb. 13, 2017) affirmed a judgment of $24 million on behalf of a class against a national retailer for charging a fee to prepare the sales contract and other legal documents. As part of a contract to…

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Risk that plaintiff may pay an unauthorized fee pure conjecture defeating Article III standing

Plaintiff’s FDCPA complaint in Benali v. AFNI, Inc., No. CV 15-3605-BRM-DEA (D.N.J. Jan. 4, 2017) asserted two causes of action: a violation of § 1692e by including in a collection letter a false and deceptive reference to a processing fee for payments made electronically and a violation of § 1692f(1)…

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