Courts hold that properly structured receivables purchases are not usurious loans

Jan 27, 2017 By: Richard D.R. Hoffmann

A New York court held on two separate occasions that purchases of receivables at discounted prices were not usurious loans under New

Time-barred proofs of claim issue now before SCOTUS

Jan 9, 2017 By: Richard D.R. Hoffmann

The U.S. Supreme Court recently agreed to review a ruling from the 11th U.S. Circuit Court of Appeals in Johnson v. Midland

PHH Corp. finds temporary respite in D.C. Circuit’s RESPA ruling

Nov 23, 2016 By: Richard D.R. Hoffmann

A District of Columbia Circuit Court of Appeals panel has found the Consumer Finance Protection bureau unconstitutionally structured, and vacated the agency director’s $109 million disgorgement ruling against mortgage giant PHH Corp.

Regulatory risks in marketplace lending

Nov 15, 2016 By: Richard D.R. Hoffmann

Marketplace lenders and consumer financial services practitioners must familiarize themselves with the unique regulatory issues facing this fast-growing industry.

Debt buyers could face hurdles on consumer credit reports

Sep 7, 2016 By: Richard D.R. Hoffmann

A recent ruling by an 11th U.S. Circuit Court of Appeals could impose additional duties on debt buyers to verify disputed information in consumer credit reports.

SCRA’s relationship with service members and corporate ownership gains clarity with recent decision

Sep 6, 2016 By: Richard D.R. Hoffmann

The Servicemembers Civil Relief Act allows service members to defer or suspend certain financial obligations for period of time during and following active duty.

More comment time for new CFPB consumer-lending rules

Jul 26, 2016 By: Richard D.R. Hoffmann

The Consumer Financial Protection Bureau has been looking to more highly regulate payday and other small-dollar loans for quite some time — and now it will take a little bit longer to accomplish that goal than originally intended.

Fredrick S. Levin on UDAP reform: ALEC’s proposed model act

Apr 19, 2016 By: Richard D.R. Hoffmann

Since their enactment, claims arising under state unfair and deceptive acts and practices laws, or UDAP laws, have become ubiquitous.

CFPB unveils proposal to ban class-action waivers

Mar 8, 2016 By: Richard D.R. Hoffmann

The Consumer Financial Protection Bureau is considering rules that would effectively overrule the Supreme Court’s decisions in Concepcion and Italian Colors, and prohibit consumer financial services companies from using class-action waivers in their arbitration agreements.

A win for disparate impact, but not a total loss for lenders

Aug 24, 2015 By: Richard D.R. Hoffmann

In a 5-4 decision written by Justice Anthony Kennedy, the court affirmed the 5th Circuit and said the FHA does authorize disparate impact claims.

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