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CFPB Publishes Fall 2022 Supervisory Highlights

December 1, 2022 By Anoush Garakani and Aileen Ng

A&B ABstract: On November 16, 2022, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released its Fall 2022 Supervisory Highlights (Issue 28) (the “Supervisory Highlights”), which, among other things, announces the creation of a Repeat Offender Unit and highlights supervisory observations from examinations conducted by the Bureau in the first half of 2022.  Below we […]

Filed Under: CARES Act, Consumer Financial Protection Bureau (CFPB), COVID-19, Debt Collection, Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Forbearance, Mortgage Loans, Mortgage Servicing, Real Estate Settlement Procedures Act (RESPA), Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, #debtcollection, #FCRA, #mortgageservicing, CARES Act, Covid-19, Forbearance, Mortgage Servicing, Servicing

Maryland Regulator Puts Lenders and Servicers on Notice Regarding the Assessment of So-Called “Convenience Fees”

June 8, 2022 By Anoush Garakani and Nanci Weissgold

A&B Abstract: On May 12, 2022, the Maryland Office of the Commissioner of Financial Regulation (the “OCFR”) issued an Industry Advisory (the “Advisory”) “put[ting] [the] industry on notice” of the recent decision issued by the 4th Circuit Court of Appeals in Ashly Alexander, et. al. v. Carrington Mortgage Services, LLC.  The Advisory directs lenders and […]

Filed Under: Debt Collection, Fair Debt Collection Practices Act (FDCPA), Mortgage Servicing, State Law Tagged With: #debtcollection, #FDCPA, Debt Collection, Mortgage Servicing, Regulation F, Servicing

Application Deadline Looms Under California Debt Collection Licensing Act

December 2, 2021 By Josh Dhyani

On September 25, 2020, California Governor Gavin Newsom approved Senate Bill 908 – enacting the Debt Collection Licensing Act (DCLA). The DCLA, which takes effect January 1, 2022, requires a person or entity engaging in the business of debt collection in California to be licensed and provides for regulatory oversight of debt collectors by the […]

Filed Under: California, Debt Collection, Licensing, Mortgage Servicing, State Law Tagged With: #California, #debtcollection, #mortgageservicing, Servicing

New CFPB Chief Rohit Chopra Confirmed by Senate and Takes Immediate Action Against Big Tech Firms

November 10, 2021 By Josh Dhyani

A&B Abstract: On September 30, 2021, the Senate confirmed Rohit Chopra to serve as director of the Consumer Financial Protection Bureau (CFPB) in a 50-48 vote along party lines. He had been serving as a member of the Federal Trade Commission (FTC) where he had been a vocal critic of big tech companies and advocated […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Consumer Loan, Debt Collection, Dodd-Frank Act, Mortgage Servicing, Student Loans, Uncategorized Tagged With: #CFPB, #debtcollection, Mortgage Servicing, Servicing, student loan servicing

The Hunstein Case: Upending Servicing and Debt Collection?

May 14, 2021 By Nanci Weissgold and Anoush Garakani

A&B Abstract: The U.S. Court of Appeals for the Eleventh Circuit, covering Alabama, Florida, and Georgia, recently decided in Hunstein v. Preferred Collection and Management, Inc., that a debt collector’s communication with its third-party vendor violated section 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”), which prohibits a debt collector for communicating, in connection […]

Filed Under: Circuit Court Decisions, Consumer Financial Protection Bureau (CFPB), Debt Collection, Dodd-Frank Act, Fair Debt Collection Practices Act (FDCPA), Federal Trade Commission (FTC), Mortgage Servicing Tagged With: #CFPB, #debtcollection, #FDCPA, Case law, Debt Collection, Eleventh Circuit, Mortgage Servicing

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