The devil’s in the details. And, the details will become more complicated if a new proposed law in West Virginia is enacted.
The West Virginia Legislature is considering a bill that would amend the West Virginia Consumer...more
The West Virginia Legislature is in session and again is considering a bill to reduce penalties available under the West Virginia Consumer Credit and Protection Act ("WVCCPA" or "Act"). The Act is the primary statute under...more
2/4/2019
/ Actual Damages ,
Class Action ,
Consumer Protection Laws ,
Credit Cards ,
Debt Collectors ,
FDCPA ,
Federal v State Law Application ,
Legislative Agendas ,
Mortgagee ,
Penalty Reductions ,
Private Right of Action ,
Proposed Legislation ,
State Legislatures ,
Statutory Penalties ,
Statutory Violations
Consumers in West Virginia have found a new subject on which to file lawsuits. Within the past couple of years, litigation over reverse mortgages has become a bigger part of consumer lending litigation in West Virginia....more
10/19/2018
/ Borrowers ,
Business Litigation ,
Consumer Credit Protection ,
Enabling Laws ,
Inducements ,
Lenders ,
Mortgage Brokers ,
Mortgage Lenders ,
Mortgage Servicers ,
Rescission ,
Reverse Mortgages ,
Truth in Lending Act (TILA) ,
Unconscionable Contracts
For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more
10/18/2018
/ Banks ,
Class Action ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Creditors ,
Debt Collection ,
Filing Requirements ,
Mortgages ,
Notice Requirements ,
Penalties ,
Popular ,
Qualified Written Requests ,
RESPA ,
Statute of Limitations
U.S. Senate disapproves Consumer Financial Protection Bureau's rule prohibiting arbitration clauses in consumer contracts with Vice President Pence casting the tie-breaking vote....more
For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law....more
4/24/2017
/ Balloon Payments ,
Consumer Protection Laws ,
Contract Terms ,
Counterclaims ,
Debt Collection ,
Debt Collectors ,
Legal Representatives ,
Notice Requirements ,
Pending Legislation ,
Pleadings ,
Right To Cure ,
Statute of Limitations
Dispute is heating up over IRS’s attempts to get personal information about users of Bitcoin and other virtual currencies.
Last November, the Internal Revenue Service (“IRS”) filed a petition in the United States...more
1/26/2017
/ Bitcoin ,
Customer Lists ,
IRS ,
John Doe Investigation ,
Mootness ,
Motion To Intervene ,
Motions to Quash ,
Popular ,
Subpoenas ,
Tax Evasion ,
Virtual Currency
To most people, the concept of digital currencies is synonymous with the name Bitcoin. However, hundreds of digital currencies exist. In fact, WorldCoinIndex.com tracks 445 currencies, and CoinMarketCap.com tracks 732....more
10/17/2016
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Banks ,
Bitcoin ,
Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Currency ,
Financial Services Industry ,
Popular ,
Risk Assessment ,
Security
Virtual currencies are once again at the forefront of discussion about top issues facing community banks and the financial industry as a whole. The Independent Community Bankers of America (“ICBA”), a trade association...more
In This Issue:
- Looking Back, Looking Forward: A 2015 Retrospective and 2016 Predictions:
This past year has seen many changes in the community banking industry. Some of these issues we expected and some had more...more
A recent decision of the Supreme Court of the United States may make it easier for borrowers to claim discrimination when denied a loan. In late June 2015, the Court addressed whether lawsuits brought under the Fair Housing...more
If a California investment firm and the City of Richmond, California have their way, the mortgage industry may face a new threat: a plan to use government’s eminent domain power to seize homes where homeowners owe more than...more
In This Issue:
- Another Perspective: Robert T. Braswell, President and Chief Executive Officer Carolina Bank:
Mr. Robert T. Braswell is President and Chief Executive Officer of Carolina Bank. He has served in...more