Author Info for Hinshaw & Culbertson - Consumer Crossroads

Dustin Alonzo

Utah Governor Cox Signs Bill to Repeal Collection Agency Registration Requirements

Effective May 3, 2023, Utah House Bill 20 (Collection Agency Amendments) will repeal a majority of Utah's collection agency statutes located in Title 12 of the Utah Code. Signed by Utah Governor Spencer Cox on March 13, 2023,… more

Collection Agencies, Consumer Financial Products, Debt Collectors, Financial Services Industry, Registration Requirement

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Samuel Bodurtha

Maine Supreme Court Revisits Reverses its Controversial 2017 One-and-Done Foreclosure Decision

A highly contested and controversial legal defense to residential foreclosures in Maine resurfaced earlier this month with the Maine Supreme Judicial Court's decision in Finch v. U.S. Bank, N.A. Finch renewed the legal question… more

Borrowers, Financial Services Industry, Foreclosure, Judicial Foreclosure Process, Mortgage Lenders

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Dana Briganti

New York City Department of Consumer and Worker Protection Announced Another Delay to the Effective Date for its Final Rules Relating to Debt Collectors

In January 2025, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Change of Effective Date (Notice), further delaying the effective date for the final rules relating to debt collectors… more

City of New York, Consumer Financial Products, Debt Collection, Debt Collectors, Effective Date

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Lauren Campisi

Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted… more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, FCC, Random or Sequential Number Generator

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Bonnie Dye

3 Key Takeaways and Collection Agency Industry Insights from the NACARA Conference

Last week, the North American Collection Agency Regulatory Association (NACARA) hosted its annual conference at the California Department of Financial Protection and Innovation’s Sacramento office. The event served as a platform… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors

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Barbara Fernandez

Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion

Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services,… more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Sarah King

What Does the CFPB’s New Public Registry to Detect Repeat Offenders Mean for Your Business?

On June 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued the Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders Final Rule (“the Final Rule”)… more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Due Diligence, Enforcement

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Schuyler Kraus

Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding… more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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Leah Lenz

Recent Cases Offer Instruction for Lenders on Avoiding FAPA Estoppel in Foreclosure or Quiet Title Actions in New York

Under the Foreclosure Abuse Prevention Act (“FAPA”), effective as of December 30, 2022, a lender in a New York foreclosure or quiet title action can be estopped from asserting that the subject mortgage loan was not validly… more

Appellate Courts, Estoppel, Foreclosure, Lenders, Mortgage Lenders

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Kevin Manganaro

In a Win for Mortgage Servicers, Massachusetts Supreme Court Finds Mandatory Notice of Right to Cure in Notice of Default is Not Potentially Deceptive

Massachusetts moved one step closer to resolving an ongoing debate over pre-foreclosure notices of default that started with the First Circuit's decision in Thompson v. JPMorgan Chase Bank back in February of 2019. Initially,… more

Borrowers, Contract Interpretation, Foreclosure, MA Supreme Judicial Court, Mortgages

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Victor L. Matthews II

New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision

The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice Law… more

Appeals, CPLR, Financial Services Industry, Lenders, Litigation Strategies

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Brian McGrath

Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its… more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, IRS

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Maura McKelvey

Stepping Beyond the CARES Act: Massachusetts Expands Forbearance and Issues Sweeping Moratorium on Foreclosures and Evictions during COVID-19 Emergency

On April 20, 2020, Massachusetts Governor Charlie Baker signed H.4647 into law. The law establishes a moratorium on foreclosures and evictions for 120 days from the date of the enactment, or 45 days after the COVID-19 Emergency… more

CARES Act, Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure

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Michael McKleroy

Sixth Circuit Applies Recent SCOTUS Tax-Taking Decision to Affirm an Owner’s Right to Net Tax Lien Foreclosure Proceeds

We previously reported on the U.S. Supreme Court’s decision, Tyler v. Hennepin County, where the court concluded that the State of Minnesota violated a property owner’s constitutional rights by keeping the excess sale proceeds… more

Fair Market Value, Foreclosure, SCOTUS, Takings Clause, Tax Debt

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Geoffrey Milne

Rent Receivership in Connecticut: Legal Strategies for Servicers and Owners of Non-Performing Commercial Loans

Servicers and owners of non-performing commercial loans may seek the appointment of a rent receiver to manage cash flow and keep utilities and property vendors current during the pendency of a foreclosure. Connecticut courts… more

Borrowers, Commercial Loans, Debt Collection, Foreclosure, Lenders

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Ashley Newman

New York Appellate Court Reverses Foreclosure Judgement, Reaffirms Business Record Itself Must be Provided to Trigger Hearsay Exception

In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the… more

Appellate Courts, Business Records, Evidence, Foreclosure, Hearsay

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Jason Oliveri

Cybersecurity Compliance Emphasized at MBA's Legal Issues and Regulatory Compliance Conference

With cybersecurity legislation and regulation sweeping the country in response to a series of high-profile hacking and ransomware attacks, it was little surprise that cybersecurity was a topic at the recently concluded Mortgage… more

Compliance, Cybersecurity, Data Security, Mortgage Bankers Association, Mortgage Servicers

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Ronald Park

Second Circuit Rules Homeowners Established Article III Standing for Statutory Damages Claim

On May 10, 2021, ruling on an issue of first impression, the U.S. Court of Appeals for the Second Circuit in Maddox v. Bank of New York Mellon Trust affirmed denial of BNY Mellon's motion for judgment on the pleadings, finding… more

Article III, Financial Services Industry, Mortgage Lenders, Mortgages, Standing

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Justin Penn

Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion

Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services,… more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Vaishali Rao

CFPB Publishes Filing Instructions for its New Nonbank Registry for Repeat Offenders

On August 23, the Consumer Financial Protection Bureau (CFPB) issued its Filing Instructions Guide ("Guide") for Nonbank Registration pursuant to its Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders… more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Final Rules, Financial Institutions

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Jessica Riley

New Law May Require Texas Homeowners to Renew Homestead Exemptions

Texas property taxes and the general residential homestead exemptions have been all over the news this past year due to the passing of Proposition 4 in November 2023. This law increased the annual Texas homestead tax exemption… more

Escrow Accounts, Homeowners, Homestead Exemption, Mortgage Servicers, Property Tax

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Fernando Rivera-Maissonet

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years, New… more

Appeals, Borrowers, Constitutional Challenges, Foreclosure, Judicial Authority

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John Ryan

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that… more

Article III, Class Action, Consumer Privacy Rights, Data Breach, Data Security

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David Schultz

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that… more

Article III, Class Action, Consumer Privacy Rights, Data Breach, Data Security

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Donald Seeley Jr.

Rhode Island Supreme Court Concludes that Door Hanger Left by Mortgage Servicer Prior to Foreclosure Satisfied HUD Face-to-Face Requirement

In Montaquila v. Flagstar Bank, the Rhode Island Supreme Court rejected a borrower's attempt to expand the plain language of the U.S. Department of Housing and Urban Development's (HUD) federal regulation requiring loan… more

Borrowers, Foreclosure, Lenders, Loan Servicer, Mortgage Servicers

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Mitra Singh

New York Courts Will Allow Mortgagors to Continue Submitting Hardship Declarations to Extend the Stay of Residential Foreclosures

On May 24, 2021, Chief Administrative Judge Lawrence Marks issued Administrative Order 159/21 (AO/159/21) to extend the stay of residential foreclosure actions through August 31, 2021, for cases in which the mortgagor submits a… more

Administrative Orders, Coronavirus/COVID-19, Eviction, Foreclosure, Hardship Extensions

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C. Charles Townsend

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same Letter

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that… more

Acceleration, Compliance, Debt, Debtors, Deed of Trust

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Akeela White

CFPB Revises the Supervisory Appeals Process for Financial Institutions

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued its revised rule addressing how financial institutions can appeal their compliance ratings or adverse material findings by the Bureau. The rule is an… more

Compliance, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Regulatory Oversight

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Hinshaw & Culbertson - Consumer Crossroads

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