TCPA

Bankruptcy News Briefs 5/17

Dig Into Today’s Headlines

Consumer Spending Rebounds in March; But First-Quarter Pace Slows Overall

CFPB Makes Somewhat Unsurprising Finding in the Ridiculously Complicated World of Student Loan Repayment

TransUnion Finds Struggling Consumers Pay Off Unsecured Personal Loans First

U.S. Supreme Court Rejects FDCPA Liability in Bankruptcy Proceeding

Bank Sanctioned Under FRBP 3002.1 for Seeking to Recover Fees and Expenses Outside the 180-Day Period

Report Documents How Older Americans are Increasingly Pushed into Poverty Due to Seizure of Social Security Benefits to Pay Defaulted Student Loans

The CHOICE Act is just Dodd-Frank 2.0. We can do better.

Household Debt Makes a Comeback in the U.S.

Delinquencies Drop in First Quarter

This is why the most vulnerable student loan borrowers struggle to get back on track

A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks

Building a 7-Figure Lifestyle Law Firm: Moving from a Busiess Operator to a Business Owner
Date: Thursday, June 1, 2017, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, The Rainmaker Institute
Cost: No Fee – NACBA Member Benefit
Register HERE

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Bankruptcy News Briefs 5/16

Get a Glimpse Into Today’s Headlines…

New Financing Options for Insured Patient Self-Pay Accounts Shift Risk Away from Providers

SCOTUS Finds Time-Barred POC Not FDCPA Violation

Another “Tax Consequence” Case, Another Decision – This One Positive for Collectors

In Determining Whether Debts are Primarily Consumer or Business Debts for Means Test Purpose, the Terms “Debt” and “Claim” are Synonymous

Project Launches to Test New Kind of Self-Help for Consumers Who are Sued for Debt Collection

Op-ed: Bill would gut financial consumer protections

Easing the Debt Crisis for Older Americans

CFPB Settlements: It’s Not Over Un til It’s Over

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Bankruptcy News Briefs 5/9

Treasury Awards Contracts for Collection of Non-Tax Debt; Could Student Loans Be Next?

Government’s “Police Power” Exception to Automatic Stay Does Not Apply to Government’s Enforcement of a Money Judgment Against Debtor

U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case

How the Affordable Care Act Drove Down Personal Bankruptcy

Nobody Answering the Phone; Student Loan Borrowers (and Taxpayers) Impacted Bigtime

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Puerto Rico’s Fate Will Come Down to Decisions of a Single Judge

Debt Collection, Made Easier And … Gentler?

WHAT DID THE CFPB DO ABOUT WELLS FARGO OPENING UNAUTHORIZED ACCOUNTS?

This is the No. 1 reason Americans file for bankruptcy

Changes In Attitude, Changes In FinServ Regulatory Latitude

Stop Medical Bills from Driving You into Bankruptcy

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A Glimpse Into the Consumer Bankruptcy Journal

Christine Kieta, gives us the basics in her article“Basics for Non-Bankruptcy Litigation Lawyers,” in NACBA’s Consumer Bankruptcy Journal where she discusses; getting into bankruptcy court, insulating your claim from a potential bankruptcy discharge and envisioning the battle lines for success.

Bankruptcy News Briefs 5/8

NACBA Applauds Bipartisan Effort to Discharge Excessive Student Loan Debt

D.C. Enacts Student Loan Servicer Licensing Requirement

FCC’s O’Rielly Says Legitimate Businesses Haven’t Effectively Told Their Story on TCPA

New Bankruptcy Rules to Take Effect December 1, 2017

Fair Arbitration Now Coalition Urges the House to Reject Legislation Stripping Federal Agencies of Authority to Restrict Forced Arbitration

Eleventh Circuit Disappoints on Undue Hardship Issue

More Companies Fight CFPB’s Enforcement Actions

The System To Collect Defaulted Student Loans Is No Longer Functioning

Millennials owe a record amount of debt, and it could become a huge drag on the economy

Rising Automobile Debt Foreshadows Impending Credit Crisis

Mortgage Default Risk is on the Rise

Trying Times for Secondary Market for Consumer Debts

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Bankruptcy News Briefs 5/4

Monthly Debt Collection Complaints and Consumer Litigation Filings Increase

A Loan Is Not an “Educational Benefit” for Dischargeability Purposes

House panel approves GOP Dodd-Frank rewrite

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

Trump administration welcomes back student debt collectors fired by Obama

Courts Grapple with Fine Line between (Medical) Informational & Telemarketing Calls

CHOICE Act Markup Drags On After GOP Sinks Dem CFPB Amendments

CFPB Attempts to Deny Constitutionality Ruling Fast-Track

HOW HAS THE CFPB HELPED CONSUMERS DEALING WITH DEBT COLLECTORS?

Parent Cosigners Beware: Think Twice Before Taking On Your Child’s College Debt

U.S. Auto Sales Plunge Dramatically As The Consumer Debt Bubble Continues To Collapse

Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest

FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

Supreme Court Hears Oral Argument In Significant FDCPA Case

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Bankruptcy News Briefs 4/26

Filling the Void: New CFPB Collection Could Help Protect Student Loan Borrowers

Ocwen Files Motions Against CFPB

CFPB Snapshot Highlights Biggest Student Loan Complaints

Credit rating agencies ding Ocwen over CFPB, state regulator charges

Litigating Debt Collections May Subject You to Liability

Ocwen Asks Federal Court for Expedited Decision That the CFPB Is Unconstitutional and Seeks Participation of the Department of Justice

Recapping crucial debt collection case before Supreme Court

FDCPA Ban on Deceptive Collections Practices Extends to Conduct by Lawyers in Court

Trump can help forgotten Americans with a change to the tax code that would help relieve debt

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Bankruptcy News Briefs 4/20

U.S. Secretary of Education Withdraws Memos on Student Loan Servicing

Experian Makes Debt Collection Easier for Consumers

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Bona Fide Error Defense Comes Through For Collector With Strong Processes

Mortgage Defaults Climb Slightly

Decline in bankruptcy filings slowing

Judge Issues 30-Day Halt To Proceedings in ED Contract Debacle

Americans have lodged thousands of mortgage complaints with the agency Republicans want to gut

CFPB Prepaid Card Rule Again Targets a Product Popular With the Masses

U.S. recoups $63M in student loans after hiring private debt collection lawyers

WASHINGTON STATE SENATE PASSES BILL TO INCREASE TRANSPARENCY FOR STUDENT LOAN BORROWERS

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A Glimpse Into the Consumer Bankruptcy Journal

Brian Cuban, Esq.

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In Brian Cuban’s article, “Why Are Lawyers So Afraid To Ask for Help?” he gives some honest insight into the stigma and fear lawyers have of career consequences when seeking help, especially through the Legal Assistance Program. Brian discusses this culture of fear and gives ideas on how to dispel this myth so that those who need help will seek it freely.

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Bankruptcy News Briefs 4/19

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

Emotional Distress Damages Available for Stay Violation

FCC Seeks Comment By May 18 on Voicemail Drop Petition

Justices Appear Reluctant to Close Debt Collection Loophole

Dodd-Frank Needs Reform: Start With The CFPB

U.S. Economy in a Snapshot Shows Decline in Consumer Spending

CFPB Sues Another Debt Collection Law Firm

D.C. reaches settlement with debt collection company over allegations of illegal collections

California’sBankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It

New ‘ReLIEF Act’ Could Make Student Loan Refinancing Cheaper

Bank of America Must Pay $46 Million for Improper Foreclosure

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Bankruptcy News Briefs 4/14

First Quarter Bankruptcy Filings Decline

Sovereign Immunity in Tax Refund Turnover Claim

Court Sanctions Debtor’s Lawyer for Failing to Disclose Fees by Requiring him to Disgorge One-Half of Fees

CFPB Ordered by a New York Federal Court to “Show Me the Money”

Consumer claims Retrieval-Masters Creditors Bureau Inc. charged unlawful fee

Top 3 bankruptcy trends from past 2 quarters

Congress needs CBO to crunch the numbers on Dodd-Frank repeal

Banking group urges Senate to make major reforms to Dodd-Frank and consumer agency

A Glimpse Into the Consumer Bankruptcy Journal

Jim Haller, Sulaiman Law Group & NACBA President

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Student loan debt is quickly becoming a national crisis and in many ways chocking our society and the potential for young people to flourish. In a contentious election one thing the candidates agrees on is that student loan debt is a crippling problem in the United States. In today’s glimpse of the CBJ, Jim Haller, President of NACBA addresses this issue in his article, “President Trump is Right, We Need to Remove the Albatross of Student Loan Debt From Our People and Families.”

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