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The CFPB, in alignment with its continuing focus on debt
collection, will hold a
Debt Collection Field Hearing in Seattle, Washington on October
24, 2012. The CFPB previously released a report to Congress on its
efforts to enforce the Fair Debt Collection Practices Act
(see April 17, 2012
Alert) and filed a joint amicus brief with the
FTC and DOJ urging the Supreme Court to overturn a circuit court
opinion interpreting the cost-shifting provision in the FDCPA to
impose attorneys' fees on a debtor (see August 21,
2012
Alert). The CFPB has not yet issued a final rule defining
"larger participants" of the debt collection market
(see February 21, 2012
Alert), but the CFPB will likely issue a rule soon given
that prior to the field hearing on the consumer reporting market,
the CFPB released its final rule defining "larger
participants" of the consumer reporting market (see
July 24, 2012
Alert).
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The firm combines in-depth legal knowledge with practical business
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In moving for summary judgment, Nike argued that under its policies and procedures a credit card customer could not have reasonably perceived Nike's request for a ZIP code as a condition to completing a credit card transaction.
Telephone subscribers who knowingly release their phone numbers to a business will be deemed to have given their invitation or consent to the called at the number which they have given, absent instruction to the contrary.
The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan agreements.
A federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers, holding in Nelson v. Santander Consumer USA that the federal statute may apply to calls even if an auto/predictive dialer is not used to initiate them.
The CFPB took the first step in enforcing the "abusive" standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices by filing a federal action against a Florida debt-relief company.
The Consumer Financial Protection Bureau and the United States Attorney’s Office for the Southern District of New York announced a joint law enforcement effort in U.S. District Court for the Southern District of New York involving a debt-settlement business and its principals.
In a recent case involving Papa John’s Pizza, the U.S. District Court for the Eastern District of Virginia provided some contour to just what "absent instructions to the contrary" means.
Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor Relations Board was "constitutionally invalid," a split panel of the Third Circuit Court of Appeals has followed suit, invalidating another NLRB action.
