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Judge Denies MTD, Rules Credit Union Meets WVCCPA Definition of ‘Debt Collector’ in Convenience Fee Case

Account Recovery

A District Court judge in West Virginia has denied a motion to dismiss filed by a credit union that is facing a class-action lawsuit for violating the West Virginia Consumer Credit and Protection Act by charging a $5 fee to make payments over the telephone, ruling the credit union is a debt collector under the […]

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New York to Shorten Time to Collect Consumer Credit Transactions

FFGN COLLECT NY

Today, you have six years to collect monies owed from consumer credit transactions. However, a bill approved by the New York Senate seeks to shorten the time to collect consumer credit transactions to three years. Credit union loan. Credit cards. Personal bank loans. Home equity loans.

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CFPB Report Highlights Consumer Experiences with Overdraft and NSF Fees

Troutman Sanders

The report found that roughly a quarter of consumers are still being charged these fees despite the CFPB’s hostility towards so called “junk fees,” which has led many banks and credit unions to eliminate such fees. Overdraft fees are somewhat more prevalent than NSF fees (23.6% versus 20%, respectively).

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Banking Groups Warn CFPB of Adverse Impact on Small Banks of Proposed Elimination of Late Fee Safe Harbor, Request SBREFA Panel

Troutman Sanders

Bankers are opposing any effort by the Consumer Financial Protection Bureau (CFPB or Bureau) to reduce or eliminate the late fee safe harbor, citing a potentially significant adverse impact on community banks and credit unions.

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CFPB Focusing on Increasing Competition in Credit Card Market

Troutman Sanders

Implying that high interest rates are solely a result of lack of competition, the CFPB has: (i) published a proposed rule that would amend Regulation Z to decrease the safe harbor for credit card late fees; (ii) launched an update of its credit card database; (iii) and requested public feedback on how the consumer credit card market is functioning.

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Nevada Enacts Law Imposing Licensing Requirements and Regulations on Student Loan Servicers

Troutman Sanders

The law does not apply to banks, savings and loan associations, savings banks, thrift companies, or credit unions. Providing inaccurate information to a credit bureau. Misapplying student loan payments to the outstanding balance.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Federal Activities: On December 16, the Consumer Financial Protection Bureau (CFPB) issued a series of orders to five companies offering “buy now, pay later” (BNPL) credit. The CFPB is concerned about accumulating debt, regulatory arbitrage, and data harvesting in a consumer credit market already quickly changing with technology.