Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection
2024 Credit Reporting Review: Impactful Changes and Future Forecast — FCRA Focus Podcast
2024 in Review: Major Debt Collection Trends and 2025 Outlook — The Consumer Finance Podcast
Navigating New York City's New Debt Collection Rules — The Consumer Finance Podcast
The CFPB Highlights Alleged Deceptive Debt Collection Practices
Podcast - The CFPB's Effort to Remove Medical Debt from Credit Reports
Navigating Hot Topics in Consumer Finance: Litigation Trends, Regulatory Changes, and Medical Debt Collection – The Consumer Finance Podcast
FTC and CFPB Focus on Medical, Rental Debt Collection Practices
Navigating FCRA and Debt Collection With Special Guest Bridgeforce's Michelle Macartney — FCRA Focus Podcast
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
Year in Review and a Look Ahead: Navigating the Debt Collection Landscape — The Consumer Finance Podcast
Abuse Discovery Practices by the Government
State AG Pulse | Action By MN AG Ellison Could Ripple Through Debt Servicing Industry
CFPB Advisory Opinion on Time-barred Debt Collection - The Consumer Finance Podcast
Announcing Troutman Pepper's New Payments Pros Podcast! - The Consumer Finance Podcast
A Discussion with Nacha on Proposed Rulemaking Regarding Fraud - Payments Pros: The Payments Law Podcast
Unlawful Debt Collection Claims - RICO Report Podcast
Keeping Up With the Bureau Episode 4: Hot Topics in Collections: Fees, Reg F Landscape, and What’s Next - The Consumer Finance Podcast
Fair Lending 101 for Debt Collectors - The Consumer Finance Podcast
Credit Eco to Go Podcast: Competing for the Attention of the Consumer
One of the most unfair rules in American jurisprudence is the one holding individuals personally liable under the TCPA for actions they take as part of their employment. In almost every setting in the law if you do something...more
Bankruptcy offers debtors an opportunity for a "fresh start," the primary draw for many individuals seeking to unburden themselves of their debt. A bankruptcy discharge relieves a debtor of their legal obligation to repay...more
Earlier this year, a district court for the Middle District of Florida upheld a jury award of $225,000 in punitive damages in a debt collection case finding the defendant’s conduct “reprehensible” based on the physical harm...more
In April, we discussed how Colorado’s state supreme court issued its highly anticipated decision confirming a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of...more
On March 16, the CFPB released a compliance bulletin discussing student loan servicers’ practice of collecting on private student loans discharged in bankruptcy. ...more
The CFPB issued a Compliance Bulletin and Policy Guidance warning loan servicers that continuing to seek repayment of certain student loans after bankruptcy discharge is an unfair, deceptive, or abusive act or practice in...more
Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more
Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more
Real Property Update - Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more
Welcome to Part II of our series on the servicing of discharged mortgage debt (catch up on Part I). This part will discuss communications to discharged borrowers and evaluate various disclaimers that can be utilized. The...more
Mortgage servicers are plagued by their nebulous relationships with the borrowers who discharge their personal liability in bankruptcy. Issues arise when the borrower whose debt has been discharged continues to engage with...more
In a battle of competing statutes, the First Circuit Court of Appeals has held that the IRS’s good faith belief that it had a right to collect debts discharged in bankruptcy because the debtor had filed a fraudulent return or...more
We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more
Imagine that you are an unsecured lender who has learned that a borrower has filed for bankruptcy and has little to no assets available to pay creditors. Is there any way to prevent your debt from being extinguished? This...more
Debts based on fraud are not dischargeable in bankruptcy, but to achieve that result the aggrieved creditor must ordinarily commence a non-dischargeability action and prove the fraud. However, when an action for fraud is...more