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Is Purchasing Debt Without a License an Unlawful Collection Activity?

Folks in the consumer credit industry know that it can be easy to run afoul of collection restrictions. From the number of times you are allowed to contact a delinquent buyer to what you are allowed to say when you do make...more

Does the Recent Earned Wage Access Law Change the Regulatory Environment in Arkansas?

The Arkansas legislature recently passed House Bill 1517, which creates an earned wage access law in the state. It will be one of the relatively few such laws in the country. One interesting question is whether the law...more

State Licensing Pitfalls Mortgage Servicers Must Beware

In many states, a company that services a residential mortgage loan by collecting payments from borrowers must hold a mortgage servicer license. What can come as a surprise, however, is that those licenses can also apply to...more

Company Violates Mortgage Law by Holding Servicing Rights without License

It is usually no surprise to companies operating in the financial services space that they may need a state license to make or service consumer loans. That is particularly true when the loans are highly regulated residential...more

Arkansas Limits Use of License Plate Readers for Repossession

Recovering collateral after default is rarely easy. In addition to the physical and practical difficulties of repossession, compliance is often a costly and complex issue. And, as is often the case, technological innovations...more

Florida Regulator Clarifies Money Transmitter Licensing Exemptions (or lack thereof)

Among the many state licenses that can impact financial services companies, money transmitter licensing can be among the harder to figure out. In addition to uncertainties about digital currency and developing technologies,...more

Are Your Employees Taking Loan Applications? The Reach and Consequence of Mortgage Loan Originator Licenses

One of the more nuanced licensing issues that can arise under state credit laws is the need for individual mortgage loan originators (MLOs) to be licensed. On its face, the MLO license seems relatively straightforward....more

Change in Control Considerations for Investments in Licensed Financial Services Companies

As the pandemic continues to change the economic landscape, financial services companies and investors may be looking to make strategic acquisitions. Among the numerous business and legal considerations that go into those...more

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