January, 2018

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Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark Licensee Rejected And Out Of Luck

In the Red

The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks.

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The Debtor, not the Trustee, is Entitled to Funds Being Held by a Trustee Following Dismissal of a Chapter 13 Bankruptcy Case

Foster Swift

Filing for Chapter 13 bankruptcy as a consumer is a voluntary decision. Once a Chapter 13 case has been filed, it is also up to the debtors to dismiss the case if they so choose. Read More › Tags: Chapter 13 , Did you Know?

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Mulvaney Reins in the CFPB

Consumer Financial Services Law

On November 24, 2017, the White House appointed Mick Mulvaney as acting director of the CFPB, effective November 27, 2017. Since then, concerns have been raised that Mulvaney might ‘gut” the agency. Here is a quick look at the actions of the agency since Mulvaney’s appointment: December 2017 : The CFPB has changed its mission statement. Previously the mission statement read: “The Consumer Financial Protection Bureau is a 21 st century agency that helps consumer finance markets work by making rul

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How to Evaluate Your Collection Agency’s Recovery Rate

AGA

At the end of each year, when you evaluate your collection agency performance, what method do you use to calculate their recovery rate and over what period of time do you analyze? We discuss this topic very frequently with our clients. Contingency based collection agencies only earn revenue if they collect the debt that is placed with them, therefore, the recovery rate is usually the critical factor for allowing both the client and the agency to properly evaluate their relationship.

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From Complexity to Clarity: Strategies for Effective Compliance and Security Measures

Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

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Tri-Force and Ally Financial Sued for Wrongful Repossession in Indiana

Indiana Consumer Law Group

The Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against Tri-Force, Inc., UAR Direct, LLC and Ally Financial Inc. in the United States District Court for the Northern District of Indiana. The lawsuit alleges that agents of Tri-Force breached the peace when they attempted to repossess a vehicle from our client and then, when our client physically resisted the repossession (as was his legal right to do), engaged the police to coerce our clien

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Debt Collection Letter's Inclusion of Court Costs Was Not Deceptive

Consumer Financial Services Law

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. A New Jersey district court recently held that a debt collection letter was not false or deceptive when it included court costs in its demand for the balance. In Saroza v. Lyons, Doughty & Veldhuis, 2017 U.S.

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District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

Consumer Financial Services Law

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. See 15 U.S.C. § 1692e. Recently, the Eastern District of New York took an expansive view of section 1692e, thereby making truthful statements a violation of the statute’s mandates. In Islam v.