TCPA

Bankruptcy News Briefs 8/10

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Over the Hump Headlines…

Illinois Governor Bruce Rauner Nixes Bill Connected to His Former Business Life in Debt Collection

Ninth Circuit Court of Appeals Rules – Failure to Specifically State “This Communication is From a Debt Collector” is Not FDCPA Violation

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Creditors Beware-Automatic Stay Violations Can Lead to Massive Punitive Damages

CFPB Issues 2016 Annual Plain Writing Act Compliance Report

What You Need To Know Now About The CFPB’s Debt Collection Proposal

Slideshow 10 worst states for student loan debt

Foreclosures Drop Sharply from Last Year

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Creative lawerying may be needed for those who are facing privates student loan lawsuits that are becoming common as student loan debt climbing to astounding figures . Read, “In Spate of Private Student Loan Lawsuits, One Defense Stands Out,” by Richard Gaudreau in NACBA’s Consumer Bankruptcy Journal as he discusses what you can do for your clients.

MARK YOUR CALENDARS

Free Registration to NACBA’s 2016 Fall Workshop Members-Only Cruise (Miami, FL – Nassau, Bahamas)

October 6-10, 2016

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Visit the NACBA Facebook page and enter to Win a Free Registration to the Fall Workshop Members Only CruiseJust LIKE the Post & SHARE on your page for a chance of winning one (1) FREE Registration (total value $594) to NACBA’s 2016 Fall Workshop Members Only Cruise (Miami, FL – Nassau, Bahamas), October 6-10, 2016. This prize package includes registration to the Pre-Cruise Tax Session.

Contest Expires August 26th, 2016 Winner Announced August 29th, 2016 . Non-Transferable. One (1) winner selected. Current Membership in NACBA Required. Good luck!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/8

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What Headlines Kicking Off A New Week?

Survey: Majority of Millennials Say they Won’t Reach Target Retirement Savings

Total Bankruptcy Filings Decline in July

CFPB Debt Collection Plan Doesn’t Spare Banks

Ninth Circuit Rules Every Debt Collector Must Send Verification Notice

Mortgage Delinquency Climbs Higher in Q2

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

Avoiding Judicial Estoppel, Standing and Claim Preclusion Problems
with Non-Bankruptcy Causes of Action
DATE: Thursday, September 22, 2016 – 3:00 PM EST / 12:00 PM PST
COST: $25 NACBA Member, $75 Non-Member
PRESENTERS:
Judge Paul W. Bonapfel, Northern District of Georgia
J. Erik Heath, Esq., Consumer Bankruptcy Attorney, San Francisco, CA
John Rao, Esq., National Consumer Law Center, Inc.
REGISTER: HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Are you committed to learning? Are you a member of an organization that cares about your continual personal and professional growth? Read, USMC General Anthony C. Zinni’s article on, “A Life of Learning ,” in today’s Consumer Bankruptcy Journal Spotlight and find out why lifelong learning matters!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule and Register Today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/5

nacbapictureIn Today’s News…

New York Region’s Consumer Distress Remains Below National Average

CFPB Wants to Add Consumer Survey to Complaint Closing Process

FDCPA Case Law Review for July 2016

Credit Card Market Grows in First Quarter

Courts Continue to Look for “Actual Harm” in TCPA Cases

Singletary: New CFPB rules might limit access to credit

Cheat Sheet: How CFPB Is Changing Mortgage Servicing (Again)

PHH Corp. v. CFPB: Six Issues to Watch

Federal Reserve of St. Louis Issues Debt Report

NCLC Statement re: CFPB Final Mortgage Servicing Rules

Consumers Want Action On Illegal Debt Collection

Losing Both Ways: Debtor Diligence in the Identification of Claims

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

#NACBASF was a convention to remember! Grace Pazdan shares her thoughts in her article, “The NACBA Convention Experience,” in today’s Consumer Bankruptcy Journal Spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 8/3

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Midweek Headlines…

The CFPB Ombudsman’s Office released its mid-year update in July, focusing on individual inquiries to the Ombudsman, related to CFPB proposed rules, the consumer complaint database, and other outreach initiatives…CFPB Ombudsman’s Office Releases Mid-year Update

Consumer spending increased 0.4 percent, or by $53 billion, in June, according to estimates from the Bureau of Economic Analysis and U.S. Department of Commerce…Consumer Spending Increases in June

A mortgage creditor violated the automatic stay by mistakenly filing a claim to which it had no rights and by failing to immediately return payments on that claim it had received by the trustee. In re Mocella, No. 10-42287 (Bankr. N.D. Ohio June 15, 2016)…Incompetence Does Not Excuse Stay Violation

Experian, today released Contact Monitor to help businesses reduce wrong-party contact that supports compliance with the TCPA…Experian’s Contact Monitor Strengthens Business Insight on Customer Contact Info

The CFPB  outlines four principles to guide its discussions on the future of loss mitigation as the U.S. Treasury’s crisis-era Home Affordable Modification Program is phased out at the end of 2016…CFPB Issues Principles for Future of Loss Mitigation

Student debt may be contributing to wealth inequality…New York Fed warns of troubling consequence of rising student loan debt

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

Attorney “Meaningful Involvement” Case Sent Back to District Court

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Today’s #CBJ spotlight comes from Morgan D. King’s article, “Sales Tax Discharge Issues in Bankruptcy. ” Go to King’s Korner to read more!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

/Bankruptcy News Briefs 8/2

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Read the Headlines Here…

A share of households in the U.S. have total debt that exceeds their assets, known as “negative wealth,” according to survey findings from the Federal Reserve Bank of New York. In Survey: Debt Exceeds Assets for Some Households in the U.S.

The CFPB intends to give consumers the option to provide feedback on the company’s response to and handling of their complaints. In CFPB’s Consumer Response Proposes New Consumer Feedback Survey

Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection read the breakdown of these proposals...insideARM Perspective on CFPB Outline of Proposed Debt Collection Rules – Communication Part 2

More than 70 million Americans have some type of debt in collections. Read why…Some Debt Collections Just Aren’t Worth It

The failure to repay student loans is becoming a modern day standoff.. Read how many American are ignoring the calls, email, and letters in…Student-Loan Defaulters in a Standoff With Federal Government

UPCOMING WEBINARS

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How To Build a Thriving Bankruptcy Practice In A Down Market
DATE: Thursday, August 11, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTER: Mr. Richard James
REGISTER HERE

CFPB Proposed Rule on Payday & Car Title Lending
DATE: Thursday, August 18, 2016 – 3:00 PM EST / 12:00 PM PST
COST: Free to NACBA Members
PRESENTERS:
Ms. Ellen Harnick, Senior Policy Counsel & Western States Director, CRL
Ms. Lisa Stifler, Deputy Director of State Policy, CRL
REGISTER HERE

CONSUMER BANKRUPTCY JOURNAL HIGHLIGHT

Stay updated on the changes occurring in your field, read New Bankruptcy Rule, Amendments to Chapter 13 Plan Proposed,” by Diane Davis featured in today’s #CBJ spotlight.

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10thwith a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the ScheduleandRegisterToday!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/28

nacbapictureWhat’s Happening Today?

Breaking News: CFPB Releases Outline of Proposals for Debt Collection Rulemaking

Three-Month Debt Collection Complaint Average Continues to Decline

Funds in Joint Account Belong Solely to Non-Debtor

Advocates Applaud CFPB Proposed Debt Collection Rules but Additional Provisions Are Needed

Direct access to insurers of insolvent entities at last? Third Parties (Rights Against Insurers) Act 2010

Debt collectors face tighter regulation by feds

Senators seek tax relief for student loan burdens

Legal Alert: Voice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway

EXTRA, EXTRA READ ALL ABOUT IT! 

The summer edition of the Consumer Bankruptcy Journal is hot off the presses! Read  articles and hot topics that are relevant to you and your firm, written by your peers!

MARK YOUR CALENDARS

Register Now for the Early Bird Rate!

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event  and a Launch Party on October 6th. Get great savings by taking advantage of the Early Bird Rate ending, September 2nd! Check out the Schedule and Register Today!

SAVE THE DATE FOR THE NEXT ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

 

Bankruptcy New Briefs 7/27

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Midweek Headlines…

Equifax, Experian, TransUnion to Axe Some Debt Information from Consumer Credit Reports

Midland Credit Management, Inc. Settles Multidistrict TCPA Class Action

NCLC and 50 Groups File Petition with FCC to Stop Millions of Robocalls to Cell Phones

Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

Chapter 13 Plans are Just About Written in Stone

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/26

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Headlines Making News…

CFPB Confirms Location of Debt Collection Field Hearing

Oral Arguments Scheduled for ACA Lawsuit Challenging FCC’s 2015 TCPA Ruling

Did the FCC Even Consider the Thousands of Responses to its Rulemaking Proposal?

Against the Grain: Bankruptcy Court Allows FDCPA Claim to Proceed Despite Res Judicata Argument

Packaged Facts: Consumers Divest Alarming Pre-Recession Debt Trends

Good News On Student Loans … For Some

New York AG Fights Against Zombie Foreclosures

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/22

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Headlines Leading Into the Weekend…

Connecticut Department of Banking Takes “No Action” Position on Student Loan Servicer Requirement for Licensed Consumer Collection Agencies

Healthcare Spending Expected to Increase as Share of Economy

Ninth Circuit Rules That Law Firm Collector Can’t Rely On Validation Notice From Previous Collector

CFPB Settles With Affiliates of Debt Settlement Company For $107 Million

Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

FDCPA Victory in Class Action Letter Case: What It Means for the Industry

Uncertainty in Securitization of Consumer Debt Continues After Supreme Court Denies Certiorari in Madden v. Midland Funding

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!

Bankruptcy News Briefs 7/19

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Check Out the Headlines Making News…

The Customer Finally Pays, But the Bankruptcy Trustee Demands the Payment Be Returned; What to do When Faced with a Preference Action

FTC Action: Abusive Debt Collectors Banned from Collection Business

Massachusetts Court Rules Any Call is a “Communication”

Spokeo in the Wild: How a Non-Collections Defendant Defeated a Class-Action TCPA Lawsuit

CFPB Announces Field Hearing on Debt Collection

Court Gives Federal Student Loan Debt Collection Contractors Green Light to Go Forward with Government Contract Bid Protest

District Court Judge Delays Decision in State National Bank’s Case Against CFPB

D.C. Decision, Expected In Fall, Could Reverse CFPB’s Actions, Change Structure

Fraud complaints cloud foreclosure relief

“It’s like a nightmare that just won’t go away”: The Corinthian Colleges scam demonstrates the madness of student debt

MARK YOUR CALENDARS

NACBA MEMBER ONLY FALL WORKSHOP- OCTOBER 7th-10th

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Join us to set sail for NACBA’s Summit at Sea (#NACBASEA) setting sail from October 7th-10th with a a Pre-Cruise event on October 6th. Early Bird Rate Ends, September 2nd! Check out theSchedule and Register Today!

ANNUAL CONVENTION

2017 NACBA’s 25th Annual Convention – Silver Anniversary
Thursday, May 4 – Sunday, May 7, 2017
Orlando, Florida

JOIN NACBA TODAY

Not a member of NACBA? Join today and take advantage of the benefits, networking opportunities and resources NACBA has to offer!