In Macris v. Specialized Loan Servicing, LLC, 2022 WL 16727611 (2d Cir. Nov. 7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair...more
In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more
4/11/2022
/ Article III ,
Debt Collection ,
Debt Collectors ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Putative Class Actions ,
Standing ,
Statute of Limitations ,
Time-Barred Debt
The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that...more
2/4/2022
/ Article III ,
Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
En Banc Review ,
FDCPA ,
Financial Services Industry ,
Personal Information ,
Standing ,
Statutory Violations ,
Third-Party Service Provider
Introduction -
The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs). In addition to imposing duties on the CRAs,...more
WHAT MATTERS -
The industry practice is to set the Payment Rating to a code of 0 if the account was current on the closing date or to a code of 1-6 reflecting that the account was past due when it was paid off. This...more
Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt...more
12/7/2020
/ Child Support ,
Consumer Financial Products ,
Consumer Lenders ,
Coronavirus/COVID-19 ,
Debt Collection ,
Eviction ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Infectious Diseases ,
Moratorium ,
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