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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

District Court for the District of New Hampshire granted the Securities and Exchange Commission’s (SEC) motion for summary judgment against blockchain-based, file-sharing platform LBRY. In its summary judgment motion, the SEC argued that LBRY’s public offering of its native token LBC constituted an unregistered sale of securities.

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Court Finds Letter Warning Consumer of Tax Consequences for Debt Forgiveness Does Not Violate the FDCPA

Troutman Sanders

LTD Financial Services, L.P. , LTD Financial Services, L.P. , The plaintiff owed a debt of $4,528.59 Further because the plaintiff premised her claim for Section 1692f violation on the same conduct, the court held that this claim also could not survive summary judgment. In Bordeaux v.

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Passive Debt Buyer May Delegate Dispute Communications to Third Party

Consumer Financial Services Law

A New York District Court recently addressed the issue of whether the FDCPA requires passive debt buyers to personally register disputes or whether they can delegate that obligation to their third party debt collector/servicer. Passive debt buyers purchase debt but retain third parties to service and collect the debt.

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Navient Settles with State AG Coalition Over Alleged Unfair, Deceptive, and Abusive Student Loan Origination and Servicing Practices

Troutman Sanders

Beyond the student loan and mortgage context, state attorney generals have advanced this theory in their investigations of auto lenders [4] and debt settlement companies. [5]. 1, 2021), [link] ; See e.g., Final Judgment, Commonwealth v. 1, 2021), [link] ; See e.g., Final Judgment, Commonwealth v. DMB Financial, LLC. ,

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Pritzker issued an executive order extending the suspension of garnishment, deduction of wages, and post-judgment citations to discover assets through April 30. The company was operating without registering as a debt settlement service provider as required by Minnesota law. For more information, click here.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

On July 18, Indiana University’s COVID-19 vaccine mandate and related face-masking and testing requirements survived challenging students’ motion for a preliminary judgment. To attend the meeting, click here. The students argued the vaccine requirement was a due process violation under the Fourteenth Amendment to the U.S. Constitution.