In Obduskey v. McCarthy & Holthus LLP (139 S. Ct. 1029 (2019)), the Supreme Court addressed the scope of the FDCPA’s application to non-judicial foreclosures. The court held that under certain conditions, the full range of FDCPA prohibitions do not apply to collection attorneys when they implement the steps required to conduct a non-judicial foreclosure.
Spotting and Investigating the Legal Issue
On May 7, 2019, the Consumer Financial Protection Bureau (CFPB) released a 538-page document that discusses its proposed debt collection rule, including nearly 100 pages of proposed regulations and comments. The proposed regulations would be the first ever issued to interpret the Fair Debt Collection Practices Act (FDCPA), the primary federal law governing consumer debt collection. Our discussion will focus on what has been proposed, what the proposal means for consumers and their claims under the FDCPA, and how our community can engage during the public comment period.
Since the collapse of the mortgage lending market in 2008, many would-be homebuyers have found themselves locked out of the traditional lending market. What is old is new again: “rent-to-own” transactions have emerged to fill this gap. These transactions are being advertised on the internet and in local communities as the affordable alternative to buying a home. They go by many names: rent to own, lease purchase, contract for deed, and lease with option to purchase, to name a few.
Medical debt is the wild west of debt collection. Every debt collector wants in on it, and as consumer attorneys, we’ve had limited options. No more. Anyone who deals with medical debt is searching for new methodologies to defend against collection. But there are also ways to counter-punch as well, giving you the option to fight back against unfair hospital bills and collection techniques.
Join staff from the Federal Trade Commission (FTC) as they share information about consumer protection issues relating to tenants. The speakers will discuss two recent cases brought by the FTC, one involving a rental listing website deceptively claiming to list Section 8 properties that are available for rent and another involving a tenant background screening company. The webinar will include an overview of the Fair Credit Reporting Act (FCRA) as it relates to renters and share additional consumer protection information to help renters.
State retail installment sales laws are useful tools for litigating auto cases that are at times overlooked. Those statutes and the Truth in Lending Act (TILA) can provide important remedies to victims of dealer wrongdoing. By attending, you will gain insight on the overlap between federal laws, such as TILA and state retail installment sales laws, and the provisions of the state laws that place additional requirements upon retail installment sellers beyond TILA.
The rules of the road for residential mortgage servicing have continued to change since the end of the Home Affordable Modification Program (HAMP). New loss mitigation programs have been introduced, and the Consumer Financial Protection Bureau has updated federal mortgage servicing rules. This webinar will discuss these changes.
Breach of Implied Warranty is a hot topic in the area of consumer litigation. There have been many recent developmental changes in this area. This cause of action is not always understood and is often forgotten. However, it is a valuable cause of action that can help strengthen your auto case and your chances of prevailing in settlement or trial.
This webinar will show you how to identify the cases when revoking acceptance is an appropriate remedy for your clients. It will also discuss the steps pre- and post-revocation to assist your clients with obtaining a resolution from the dealership. This webinar is geared to individuals who already have knowledge about deceptive automobile sales practices.
The Fair Credit Reporting Act (FCRA) applies to consumer reporting agencies (CRAs), which includes resellers. Attendees will learn about consumers’ FCRA rights and remedies against resellers. Attendees will also learn how to issue spot for potential reseller cases and how to litigate against resellers. The presentation will discuss discovery tactics in reseller cases and litigation strategy.