Business Law & Regulations, Finance

Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

August 3, 2023

Via: LexBlog

On August 1, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections […]

Business Law & Regulations, Finance

Ohio Federal Court Holds Mortgage Lender’s Assessment of Post-Acceleration Late Fees Was Authorized by Loan Documents

May 12, 2023

Via: LexBlog

In Schmitt v. Security National Servicing Corporation, the plaintiff filed a class action complaint alleging violations of the Fair Debt Collection Practices Act (FDCPA) and Ohio Residential Mortgage Lending Act (RMLA) premised on the assertion that her loan documents did […]

Business Law & Regulations, Finance

CFPB Issues Advisory Opinion on “Zombie Debt”

April 27, 2023

Via: LexBlog

On April 26, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the […]

Business Law & Regulations, Finance

CFPB Concludes Most Convenience Fees Charged by Debt Collectors Violate the FDCPA

June 29, 2022

Via: LexBlog

Following its recent “initiative” and request for information to reduce “exploitative junk fees,” the Consumer Financial Protection Bureau (“CFPB”) has on June 29, 2022 released an advisory opinion. The opinion concludes that “pay-to-pay fees,” which the debt collection industry refers […]

Tax Code, Regulations and Guidance

Supreme Court rules debt collection lawsuit statute of limitations starts when violation occurs

December 10, 2019

Via: Jurist

The US Supreme Court ruled 8-1 Tuesday that the one-year filing deadline for a Fair Debt Collection Practices Act (FDCPA) lawsuit is determined from when the alleged violation occurs, not when it is discovered. The petitioner in this case, Kevin […]