Law360's Evan Weinberger reports here (behind paywall). The case will decide whether debt buyers that don't have debt collection as their principal purpose, because, as in Santander's case, the debt buying unit is part of a multipurpose financial institution, are covered by the FDCPA. If the debt buyer wins, will we see debt buyers join with […]
Author Archives: Jeff Sovern
Brian Melzer of Northwestern's Kellogg School of Management and Aaron Schroeder of the CFPB have written Loan Contracting in the Presence of Usury Limits: Evidence from Automobile Lending. Here is the abstract: We study the effects of interest rate ceilings on the market for automobile loans. We find that loan contracting and the organization of […]
by Jeff Sovern During the George W. Bush administration, then-Comptroller of the Currency John Dugan, a former bank lobbyist and lawyer, aggressively protected banks by claiming that state anti-predatory lending laws were preempted as to national banks (remember the predatory lending that contributed to the Great Recession?), among other things. So this is a position […]
James Gibson of Richmond has written Boilerplate's False Dichotomy, Georgetown Law Journal, Forthcoming. Here is the abstract: The argument against enforcing boilerplate contracts (i.e., contracts that no one reads) seems clear. Indeed, if this were a court case, we would say that the jury is in; the evidence against boilerplate is overwhelming. Yet the judge […]
Here (behind paywall). Excerpt: [T]wo state lawsuits filed by the attorneys general in Illinois and Washington, [allege] that Sallie Mae engaged in predatory lending, extending billions of dollars in private loans to students . . .that never should have been made in the first place. * * * New details unsealed last month in the […]
Here. Excerpt: [T]his bill doesn’t fix what’s ailing the system. Instead, it seeks to eliminate group litigation altogether. If it becomes law, the bill could prevent consumers from litigating together the next time a company like Volkswagen masks its emissions and thwart General Motors’ victims from joining forces to recover if their car ignition turns […]
Here. The LA Times reports on the study in this story, headlined, Here's why Wells Fargo forces its customers into arbitration: It wins most of the time.
Here. Excerpt: Debt collectors will be required to comply with the Fair Debt Collection Practices Act, which is designed to curtail abusive or deceptive behavior. * * * Critics say collection agencies have been known to call delinquent debtors six or more times a week, give inaccurate information and use dubious methods to force payment. […]
Here, from Insidearm.com. The headline is CFPB Director Cordray's Testimony Gets Off to a Heated Start
by Jeff Sovern First, Cordray. Here's what Politico's Morning Money reported: CORDRAY IS … STILL THERE – Compass Point's Isaac Boltansky and Lukas Davaz: "With a decision in the PHH case review unlikely until next year, and the path for a legislative compromise on the Bureau's governance structure becoming hazier by the day, all indications […]