Consumer Financial Services Law
DECEMBER 29, 2016
Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. Below, he shares his thoughts from the meeting. On Thursday November 3, 2016 I joined a group of colleagues for a meeting with the CFPB to discuss its proposed rules for third party debt collection.
The McHughes Law Firm
DECEMBER 15, 2016
Professionally drafted legal documents can protect your small business from liability and ensure that you have the greatest shot at entrepreneurial success in Arkansas. If you plan to launch a successful business in Arkansas, you should begin by surrounding yourself with professionals who can lend their talents and lay a promising foundation for your venture.
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Firms
DECEMBER 6, 2016
Money can matter a lot, especially during festivals and festivities. There are gifts, decorations, food and beverages to buy. For many, travel is impending, to meet up with friends and family. If you want to celebrate, you need money and when you don’t have it, you approach your friends or financial institutions that lend you money. But debt can get you in bigger trouble personally and the thought of it lingers in your mind that fades the happiness of the festivities.
Debt Collection Answers
DECEMBER 16, 2016
A Brilliant Way to Rebuild Bad Credit If You Have Collection Accounts
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.
Ks Law
DECEMBER 22, 2016
I have not heard from the credit card company I owe for a long time. Should I still file bankruptcy? Probably not, although you should make sure that you could file a bankruptcy promptly if the need arises. I spoke with a client earlier this week whose only significant debt is a single credit card. Unfortunately, the balance is so high that she would want to file bankruptcy if the creditor pursues her.
Creditor Collections Today brings together the best content for creditors and collection professionals from the widest variety of industry thought leaders.
Consumer Financial Services Law
DECEMBER 21, 2016
Courts have long debated the extent to which a debt collection attorney’s representations to opposing counsel or the court during the course of litigation may violate the FDCPA and the results from different circuits have varied greatly. See, e.g., Hemmingsen v. Messerli & Kramer, 674 F.3d 814 (8 th Cir. 2012); O’Rourke v. Palisades Acquisition XVI, LLC, 635 F. 3d 938 (7 th Cir. 2011); Miller v.
The McHughes Law Firm
DECEMBER 21, 2016
Writing your own will may seem convenient, but a document that fails to address all the legal complexities of an estate in Arkansas could create serious issues after your passing. There are countless online services and software programs that claim they can help you create a will that securely reflects your last wishes. Unfortunately, the cheap price tag on these options can also reflect the quality of a document that is supposed to establish your plans for your estate.
Consumer Financial Services Law
DECEMBER 19, 2016
A recent blog post from the CFPB indicates it will focus its Fair Lending efforts in three directions in 2017. According to the post, the CFPB will increase its focus on: (a) redlining; (b) mortgage and student loan servicing; and (c) small business lending. Redlining. The Bureau’s has shown a renewed interest in redlining claims in the past two years.
Consumer Financial Services Law
DECEMBER 17, 2016
Roughly eighteen months ago, the CFPB introduced its Monthly Complaint Reports which provide monthly summaries of complaints received in the complaint portal against financial service providers regarding a number of financial service products. Each month, the CFPB issues a report summarizing the information. This week, the CFPB introduced a new research tool, its Consumer Credit Trend Tool.
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Consumer Financial Services Law
DECEMBER 15, 2016
A district court in Illinois has slammed the door on an attempt to moot a class action by coupling an offer of judgment with a motion under Rule 67 to deposit funds with the court. In Wendell H. Stone Co. v. Metal Partners Rebar, LLC, the plaintiff filed a putative class action seeking damages for violations of the Junk Fax Prevention Act. Wendell H.
Consumer Financial Services Law
DECEMBER 13, 2016
A recent series of CFPB consent orders should remind the mortgage industry to carefully monitor its advertising practices. The MAP Rule prohibits deceptive and misleading commercial communications regarding any term of any mortgage credit product. 12 CFR Part 1014. The three orders, which were entered into with reverse mortgage companies, include almost $800,000 in civil penalties and remediation.
Consumer Financial Services Law
DECEMBER 12, 2016
Creditors and debt collectors who utilize pre-collect practices should pay close attention to a recent opinion from the Eastern District of Michigan. In Parker Burns v. Ross Stuart & Dawson, Inc., 2016 U.S. Dist. LEXIS 165587 (E.D. Mich. Dec. 1, 2016), the collection agency agreed to provide the creditor with demand letter services which involved a series of three letters per debt account.
Consumer Financial Services Law
DECEMBER 7, 2016
The CFPB published its Fall 2016 Rulemaking Agenda last week. The Agenda, which is a federal requirement, was issued in the “early fall” and therefore does not take into account the effect the election may have on the CFPB or its current configuration. While the Agenda is worth monitoring and provides insight into the CFPB’s hot button issues, there is no certainty as to what the next six months will hold.
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