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HTMLOverview of the Florida Consumer Collection Practice Act
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
As discussed in a prior post, the Florida Consumer Collection Practices Act (FCCPA) can apply to both debt collectors (like collection agencies) and lenders who seek to collect their own debts. The FCCPA is broader than the federal Fair Debt Collections Practices Act (FDCPA), which only regulates...

 

HTMLCFPB Issues Guidance Regarding Mortgage Servicing Transfers
John Honahan, Richard B. Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 5, 2014
On August 19, 2014, the US Consumer Financial Protection Bureau ("CFPB") released Bulletin 2014-01, ("Bulletin"). The Bulletin replaces CPFB Bulletin 2013-1, which also addressed servicing transfers, and provides updated CFPB guidance and expectations with respect to mortgage...

 

Adobe PDFTheories of Liability Against Principals of Debtor
Joseph S. U. Bodoff; Rubin and Rudman LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
All too often, businesses cease operating, leaving creditors with little or no ability to collect on their debts. Fortunate creditors may have collateral or personal guaranties signed by a person or entity that is not judgment-proof. For the vast majority of creditors, however, their recourse is...

 

HTMLCFPB Warns Credit Card Companies About Potential UDAAP Violations When Marketing Promotional Interest Rates
Keith J. Barnett, B. Knox Dobbins, Brian M. Murphy, Robert J. Pile, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
The Consumer Financial Protection Bureau (CFPB) issued a bulletin on September 3, 2014 warning credit card companies that marketing materials for promotional annual percentage rate (APR) offers may be in violation of the unfair, deceptive, or abusive acts or practices (UDAAP) provisions of the...

 

HTMLCFPB Issues Bulletin Regarding Marketing of Promotional Credit Card Offers
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 10, 2014, previously published on September 8, 2014
On September 3rd, the CFPB issued Bulletin 2014-02 warning credit card companies against deceptively marketing interest-rate promotions to consumers. The CFPB is concerned that consumers do not adequately understand certain types of credit card offers, such as balance transfers, deferred-interest...

 

HTMLThe CFPB Alerts Credit Card Issuers That Marketing of Credit Card Promotional APR Offers May Violate Federal Law
Yesenia Garcia Perez; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
The Consumer Financial Protection Bureau (“CFPB”) recently issued a bulletin alerting credit card companies that they may be at risk of breaking the law as a result of the way they market promotional rates. Specifically, credit card issuers may be at risk of engaging in deceptive and/or...

 

HTMLCFPB Announces New Senior Management and Advisory Board and Council Members
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
The CFPB also announced the appointment of new consumer finance experts from outside the federal government to the CFPB's Consumer Advisory Board, Community Bank Advisory Council and Credit Union Advisory Council. The Consumer Advisory Board is charged with advising and consulting the CFPB's...

 

HTML“Backoff” Update — More Widespread, PCI Council Issues Call to Action — If You Accept Credit Cards Via Point-of-Sale, You Need to Read This
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Some weeks ago, we wrote a piece “What You Need to Know About Backoff Malware: The New Threat Targeting Retailers” . It’s apparently gotten worse. Any business utilizing point-of-sale (POS) terminals for “swiping” credit cards needs to pay attention to this threat and...

 

HTMLFlorida Consumer Collection Practices Act Applies to Anyone Collecting a Debt
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using certain types of abusive, deceptive, and misleading tactics. In a recent decision, Florida’s Second District Court of Appeals ruled that the FCCPA applies not just to...

 

Adobe PDFFinally Certainty About Licensing SPVs Under the FCA Consumer Credit Regime
Bruce C. Bloomingdale, Stephen Day, Angus Duncan, Daniel Marcus, Jeremiah M. Wagner; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 28, 2014, previously published on August 20, 2014
From 1 April 2014, responsibility for the regulation of consumer credit in the UK was transferred from the Office of Fair Trading ("OFT") to the Financial Conduct Authority ("FCA"), drawing certain activities relating to consumer credit within the authorisation and regulated...

 


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