February, 2017

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Enterprise Debtor Payment Portal

SimplicityCollectionSoftware

Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. Use this application easily from your own website or direct them to our portal, either option is now available.

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Court Grants CFPB's Petition for Rehearing in PHH

Consumer Financial Services Law

The D.C. Circuit has vacated its prior order in PHH Corporation v. Consumer Financial Protection Bureau and ordered the matter be reheard en banc. The parties have been specifically asked to address the following issues in their briefs: Is the CFPB's structure as a single-Director independent agency consistent with Article II of the Constitution and, if not, is the proper remedy to sever the for-cause provision of the statute?

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Bad System Conversion Leads to CFPB Consent Order for Prepaid Card Provider and its Vendor

Consumer Financial Services Law

The CFPB continues to flex its muscle and expand its reach, this time punishing a prepaid card provider and its vendor for a conversion to a new system that did not go as planned. The consent order, which was entered into without any admission of liability, requires UniRush and its vendor/payment processor to pay an estimated $10 million in restitution to affected consumers and a civil monetary penalty of $3 million.

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CFPB Monthly Report Spotlights Mortgage Products

Consumer Financial Services Law

The CFPB has issued its monthly complaint report and is shining its spotlight on mortgage products. The Monthly Complaint Report provides a high level snap shot of trends in consumer complaints, using a three month rolling average of complaints. Each month, the report focuses on a category of consumer financial products. Here are the highlights of the most recent report: IN GENERAL · Student loans showed the greatest increase in complaints comparing October -December 2015 with October-December 2

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Your Accounting Expertise Will Only Get You So Far: The New Way To Lead

Speaker: Victor C. Barnes, CPA, MBA

In the climb from contributor to leader, the rules quietly change. But if you’re aiming for the summit, the air gets thinner, and what got you here won’t be enough to get you to the top. 🗻 What made you successful early in your finance career—technical accuracy, sharp analysis, flawless execution—won’t be what carries you to the next level. The higher you go, the more your effectiveness depends on how you connect, adapt, and communicate.

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Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Consumer Financial Services Law

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided his cell number when meeting with a fitness gym about joining. Van Patten v. Vertical Fitness Group, LLC, 2017 U.S. App. LEXIS 1591 (9 th Cir.

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Objection to Proof of Claim Not Barred by Res Judicata

Consumer Financial Services Law

A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of confirmation was entered prior to the objection being filed. In re Haskins, No. 15-60644 (W.D. Va. Jan. 27, 2017) [Dkt No. 31]. The creditor, a debt buyer, filed its unsecured proof of claim prior to confirmation of the debtor’s Chapter 13 plan.

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CFPB Enters into Consent Orders with Citibank Subsidiaries Over Mortgage Servicing Practices

Consumer Financial Services Law

The CFPB recently entered into consent orders with several Citibank subsidiaries attacking their mortgage servicing practices during the early days of the Mortgage Servicing Rules despite the CFPB’s assurances that early examinations would focus on efforts to comply rather than the technical aspects of compliance. The consent orders require CitiMortgage to pay $17 million to affected consumers and a $3 million civil penalty and require CitiFinancial Services to pay $4.4 million to affected consu

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Enterprise Debtor Payment Portal

SimplicityCollectionSoftware

Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. Use this application easily from your own website or direct them to our portal, either option is now available.

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Inaccurate TILA Disclosures Not Enough to Create Standing

Consumer Financial Services Law

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under Article III. In Kelen v. Nordstrom , the plaintiff sued the retailer alleging the retailer’s disclosures in connection with its credit card accounts violated the Truth in Lending Act.

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The Hidden Science Behind Why Finance Teams Resist Change—And How to Fix It

Speaker: Kim Beynon, CPA, CGMA, PMP

The most overlooked, yet most critical, element of transformation is preparing people for change. Automation and AI aren't just technical upgrades, they’re cultural shifts which can challenge identities. That’s why change management isn’t a side project—it’s the foundation. In finance, where precision and process rule, navigating change can feel especially disruptive.

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Clerical Error in Creditor’s Name Does Not Sink Debt Collector

Consumer Financial Services Law

A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. In Santibanez v. National Credit Systems, Inc., the debt collector’s initial letter stated as follows: Re: ENCOMPASS MANAGEMENT CONSULTANTS Account #: 3118797 Balance: $875.33 Dear CARLOS SANTIBANEZ, It is imperative that you give this matter your prompt attention.