Consumer Financial Services Law

JANUARY 26, 2017

By: Mark J. Dobosz January 24, 2017 “He will win who knows when to fight and when not to fight.” Sun Tzu The art of fighting a battle means that you must learn all there is to know about your enemy. This knowledge can only come about through careful observation, research and even when possible, conversations with factions of your foes. While the work of understanding and gathering information on how a federal government agency (i.e. the CFPB) acts, responds and strategizes can be laborious, the

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Creditor's Rights Creditors Government Trade 40

Indiana Consumer Law Group

JANUARY 23, 2017

PRESS RELEASE. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a class action lawsuit against Condor Securitization Trust, Condor Holdco Securitization Trust, Condor Assetco Securitization Trust and Condor Recovery Securitization Trust arising out of the repossession of an Indiana couple’s vehicle. The complaint alleges that the Notice of Sale sent to the plaintiffs did not comply with the Uniform Commercial Code (UCC) in a number of respects.

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Repossession Lawyers Lender Loans 40

FDCPA Defense

JANUARY 22, 2017

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years. Attorneys who collect for national banks, debt buyers or other financial institutions have been regular targets in FDCPA class actions.

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Consumer Financial Services Law

JANUARY 25, 2017

The CFPB recently released its findings from its Survey of Consumer Views on Debt. The report is of limited value as it contains a relatively small sampling of consumers. 10,876 consumers were selected based upon de-identified consumer records provided by one of the three major consumer reporting agencies. Of those, only 20% participated, yielding a sampling of 2,132 consumers.

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Debt collector Collections Creditors Student loans 40

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.

Consumer Financial Services Law

JANUARY 24, 2017

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota based TCF National Bank. In the lawsuit, the CFPB alleges that TCF National Bank violated the UDAAP provisions of the Consumer Financial Protection Act and the Electronic Funds Transfers Act (“EFTA”). In 2010, EFTA was amended to require consumers “opt in” to overdraft coverage for ATM and one-time debit card transactions.

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