Sat.Jan 28, 2017 - Fri.Feb 03, 2017

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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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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.