Mobile Payment App Complaints are Surging as More Americans Go Cashless -
"Top complaints include trouble with digital wallets, scams and customer service issues."
Why this is important: Roughly four in five Americans...more
TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit -
"The policy at issue has an exclusion for claims 'arising out of'...more
6/18/2021
/ Article III ,
Attorney's Fees ,
Debt Collection ,
Debt Relief ,
Eviction ,
FDCPA ,
FHFA ,
Financial Services Industry ,
Injury-in-Fact ,
Standing ,
Student Loans ,
TCPA
4 Ways to Boost Blockchain in Consumer Finance -
"Plenty of executives and industry leaders in the blockchain space are looking for clarity on financial regulation."
Why this is important: The recent MIT FinTech...more
Consumer Complaints to the CFPB for 2020 Up 54 Percent Over Previous Year -
"The CFPB handled about 542,300 complaints last year – a nearly 54 percent increase over the 352,400 complaints handled in 2019."
Why this is...more
Biden Administration May Undo Certain Trump-Era Mortgage Rules -
"Consumer advocates believe the rules may promote the sort of risky borrowing that led to the financial crisis in 2008."
Why this is important: The...more
All is Not Lost: Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones -
The birth of autonomous zones has led to uncertainty regarding the protection of a lienholder's collateral...more
1/21/2021
/ Banking Sector ,
Blockchain ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Services Industry ,
Mortgages ,
OCC ,
Public Service Loan Forgiveness program (PSLF program)
Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more
1/13/2021
/ Activist ,
Civil Authority ,
Due Process ,
ECOA ,
Eviction ,
Fair Housing Act (FHA) ,
Fifth Amendment ,
Foreclosure ,
Inverse Condemnation ,
Just Compensation ,
Lenders ,
Lienholders ,
Non-Judicial Foreclosures ,
Protests ,
Risk Mitigation ,
State and Local Government ,
Takings Clause
COVID-19, the CARES Act and the Impact on Mortgage Forbearance -
In response to the coronavirus pandemic, the federal government passed the CARES Act, which provides a number of protections to homeowners unable to pay...more
11/19/2020
/ CARES Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Forbearance Agreements ,
Foreclosure ,
Homeowners ,
Mortgages ,
Student Loans
How Virginia’s 2020 Fairness in Lending Act Reforms Small-Dollar Loans -
"The law closes regulatory loopholes, caps interest rates, and provides lessons for other states."
Why this is important: Earlier this year, the...more
11/4/2020
/ Bitcoin ,
Consumer Financial Products ,
Distributed Ledger Technology (DLT) ,
Financial Services Industry ,
FinTech ,
Lenders ,
Loan Forgiveness ,
Mortgage Lenders ,
Payday Loans ,
Small Dollar Lenders ,
Student Loans
Servicemembers’ Civil Relief Act - What You Need to Know -
Between the Civil War and 1940, the United States periodically had legislation that prevented lawsuits against soldiers and sailors during times of conflict. Then,...more
10/23/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Credit Cards ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Financial Services Industry ,
FinTech ,
Gig Economy ,
High Net-Worth ,
Interest Rates ,
Investment Opportunities ,
Loan Forgiveness ,
Loans ,
Mortgages ,
Payday Loans ,
Reverse Mortgages ,
SBA ,
Servicemembers Civil Relief Act (SCRA) ,
Small Business Loans ,
Startups ,
Venmo
Is a Cap on Payday Loan Rates About Protecting the Poor or Eliminating a Service?
"Industry representatives say the proposed cap would drive most, if not all, payday lenders out of business and leave their customers...more
10/13/2020
/ Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Forbearance Agreements ,
Governor Newsom ,
Loan Servicer ,
Mortgage Lenders ,
Mortgages ,
Payday Loans
Morrisey, Other AGs Reach $330 Million Agreement with Student Loan Company -
"West Virginia Attorney General Patrick Morrisey and 47 other attorneys general have reached a $330 million, multistate agreement with a student...more
9/24/2020
/ Advertising ,
Blockchain ,
CARES Act ,
Consumer Financial Products ,
Coronavirus/COVID-19 ,
Debit and Credit Card Transactions ,
Demographic Targeting ,
eMortgages ,
Enforcement Actions ,
Google ,
Illegal Fees ,
Loan Modifications ,
Merchant Fees ,
Mortgage Bankers Association ,
Mortgages ,
Multistate Investigations ,
Refinancing ,
Reverse Mortgages ,
Settlement ,
State Attorneys General ,
Student Loans ,
Surcharges
COVID-19 and Unprecedented: Litigation Insights, Issue 23 -
This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more
9/18/2020
/ Breach of Contract ,
Colleges ,
Constitutional Challenges ,
Cruise Ships ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Executive Orders ,
Government Shutdown ,
Governors ,
Insurance Litigation ,
Negligence ,
Nursing Homes ,
Price Gouging ,
Retaliation ,
Universities ,
Workplace Safety
Three Important Ways the COVID-19 Pandemic is Changing the Delivery of Consumer Financial Services -
The world continues to come to grips with the daily changes brought by the COVID-19 pandemic. Schools contemplate...more
9/18/2020
/ Appeals ,
Blockchain ,
Buyers ,
CARES Act ,
Consumer Bankruptcy ,
Consumer Complaint Database ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Delinquency Status ,
Enforcement Actions ,
FDCPA ,
Forbearance Agreements ,
Lenders ,
Mortgages ,
Reaffirmation ,
Reverse Mortgages ,
Student Loans ,
VA Loans
COVID-19 and Unprecedented: Litigation Insights, Issue 22
In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
9/2/2020
/ Americans with Disabilities Act (ADA) ,
Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Dilution ,
Dismissals ,
Emergency Orders ,
Employer Liability Issues ,
Executive Orders ,
Facebook ,
False Designation of Origin ,
Family and Medical Leave Act (FMLA) ,
Governor Evers ,
Governor Northam ,
Instagram ,
Masks ,
OSHA ,
Refunds ,
Remote Learning ,
Students ,
Trademark Infringement ,
Tuition ,
Universities ,
VA Supreme Court ,
Workers' Compensation Claim ,
Workplace Safety ,
Wrongful Death
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
8/20/2020
/ Administrative Procedure Act ,
All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Case Consolidation ,
Civil Authority Coverage ,
Civil Liability ,
Constitutional Challenges ,
Consumer Fraud ,
Contract Terms ,
Coronavirus/COVID-19 ,
Court Schedules ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Dismissals ,
Employer Liability Issues ,
Eviction ,
Executive Orders ,
Family Members ,
Government Shutdown ,
Governor Cooper ,
Gross Negligence ,
Immigration Attorneys ,
Insurance Industry ,
Landlords ,
Legislative Agendas ,
Masks ,
Meat Processing Plants ,
Moratorium ,
Motion to Dismiss ,
Multidistrict Litigation ,
Personal Protective Equipment ,
Property Insurance ,
Public Health Emergency ,
Sick Employees ,
State Attorneys General ,
State Legislatures ,
Tenants ,
VA Supreme Court ,
Virus Testing ,
Voluntary Withdrawal ,
Willful Misconduct ,
Workplace Safety ,
Wrongful Death
As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more
8/14/2020
/ Business Closures ,
Business Interruption ,
Case Consolidation ,
Chase Bank ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Criminal Contempt ,
Denial of Insurance Coverage ,
Due Process ,
Employer Liability Issues ,
Equal Protection ,
Executive Orders ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Masks ,
Multidistrict Litigation ,
Occupational Exposure ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Political Parties ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Restaurant Industry ,
Sick Employees ,
Social Distancing ,
Statutory Immunity ,
Tyson Foods ,
Waiver of Liability ,
Workplace Safety
Welcome!
Welcome to August’s issue of All Consuming. This month, we are taking a deep dive into discharges in bankruptcy and then reviewing several top news stories in the world of consumer finance. We hope you find value...more
8/10/2020
/ Bank of America ,
Collateral Estoppel ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Cryptocurrency ,
Damages ,
Debtors ,
Deed of Trust ,
Disability Discrimination ,
Dischargeable Debts ,
Discriminatory Lending Practices ,
Enforcement Actions ,
Fair Housing Act (FHA) ,
False Advertising ,
Fines ,
Forbearance Agreements ,
Mortgage Lenders ,
NC Supreme Court ,
Non-Judicial Foreclosures ,
OCC ,
Regulation Z ,
Wells Fargo ,
Without Consent
This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
7/23/2020
/ Business Interruption ,
Civil Authority Coverage ,
Civil Monetary Penalty ,
College Athletes ,
Confrontation Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Criminal Procedure ,
Cruise Ship Passengers ,
Cruise Ships ,
Denial of Insurance Coverage ,
Disgorgement ,
Dismissal With Prejudice ,
Dismissals ,
Emergency Orders ,
Governor Wolf ,
Injunctive Relief ,
Insurance Brokers ,
Masks ,
Negligence ,
Negligent Infliction of Emotional Distress ,
NFL ,
OSHA ,
Policy Exclusions ,
Price Gouging ,
Prisoners ,
Property Damage ,
Restitution ,
Safety Standards ,
School Sports ,
State Attorneys General ,
Student Athletes ,
Unfair or Deceptive Trade Practices ,
Video Recordings ,
Videoconference ,
Virtual Litigation ,
Witnesses ,
Writ of Habeus Corpus ,
Writ of Mandamus ,
Zone of Danger Test
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else -
Introduction -
On June 3, 2020, the United...more
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more
7/13/2020
/ Arbitrary and Capricious ,
Austria ,
Bars ,
Board of Education ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Due Process ,
Emergency Management Plans ,
Equal Protection ,
Eviction ,
Executive Orders ,
Failure To Protect ,
First Responders ,
Florida ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Infectious Diseases ,
Injunctive Relief ,
Kid Rock ,
Lack of Authority ,
Landlords ,
Liquor Licences ,
Local Ordinance ,
Long Term Care Facilities ,
Masks ,
Medical Monitoring ,
Moratorium ,
Negotiations ,
New York ,
Non-Essential Businesses ,
Nursing Homes ,
On-Call Employees ,
Parental Rights ,
Pennsylvania ,
Permanent Bans ,
Personal Protective Equipment ,
Protests ,
Public Schools ,
Rent ,
Restaurant Industry ,
Right to Privacy ,
San Francisco ,
Social Distancing ,
State Constitutions ,
State Health Departments ,
State of Emergency ,
Students ,
Takings Clause ,
Teachers ,
Tenants ,
Tennessee ,
Texas ,
Tourism ,
Wage and Hour ,
Workplace Decontamination
Welcome!
Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Banks ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Credit Cards ,
Debt Collection ,
FCC ,
First Amendment ,
Forbearance Agreements ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
Lenders ,
Loan Servicer ,
Military Service Members ,
Mistake ,
Moratorium ,
Mortgage Servicers ,
Prior Express Consent ,
Regulation X ,
Removal At-Will ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Servicemembers Civil Relief Act (SCRA) ,
Severability Doctrine ,
Single Director ,
State Legislatures ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices
This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more
6/29/2020
/ Breach of Contract ,
Business Closures ,
Commercial Leases ,
Commercial Tenants ,
Contract Disputes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Landlords ,
Refunds ,
Workplace Safety
This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for...more
6/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fraud ,
Loan Applications ,
Masks ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Public Health ,
Refunds ,
Vendors
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
6/16/2020
/ Business Interruption ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Elder Care ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Insurance Industry ,
Insurance Litigation ,
Multidistrict Litigation ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Police Power ,
Prison ,
Prisoners ,
Public Health ,
State Constitutions ,
State Legislatures ,
Vaccinations ,
Wrongful Death