On October 12, 2020, the California Department of Justice (“Department”) released its first set of proposed post-finalization modifications to the California Consumer Privacy Act Regulations (the “CCPA Regulations”). As many businesses know, the CCPA Regulations were finalized on August 14, 2020. The Department styled these new modifications as a “Third Set of Proposed Modifications” to […]
State Law
Pennsylvania Court Invalidates Statewide Pandemic Restrictions
A&B ABstract: In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and the “closure of all businesses that are not life sustaining.” The decision has been appealed, but the breadth of the court’s order […]
District Courts Split on Convenience Fees Under Debt Collection Laws
A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by charging a borrower a convenience fee for making a mortgage payment over the phone, interactive voice recording system (“IVR”). FDCPA […]
New Jersey Releases Application Procedures for Student Loan Servicers
A&B ABstract: As we have previously discussed, effective November 27, 2019, Senate Bill 1149 (2019 N.J. Laws 200) (the “Act”), creates New Jersey’s “Student Loan Bill of Rights” and prohibits any person from “act[ing] as a student loan servicer, directly or indirectly, without first obtaining a license” from the Department of Banking and Insurance (“DOBI”). […]
NYDFS Issues Guidance to Mortgage Servicers Regarding Assessment of Registration Fees
A&B ABstract: On September 1, 2020, the Deputy Superintendent of the New York Department of Financial Services (“NYDFS”), issued guidance (the “Guidance”) to New York State regulated mortgage lenders and servicers (collectively referred to as “Servicers”) regarding fees paid to register mortgages in default. The Guidance reminds Servicers of the restrictions on fees and charges […]