Here in The American Prospect. Excerpt: [The case] gave some of the worst bottom-feeders in the economy a free pass to break the law. * * * “It's almost a road map to me on how you can avoid the FDCPA,” says noted consumer bankruptcy attorney Max Gardner, who runs a boot camp for lawyers […]
Category Archives: U.S. Supreme Court
by Jeff Sovern The decision in Henson v. Santander is here. A debt buyer could still qualify as a debt collector under the FDCPA if debt collection is the "principal purpose" of its business, under 1692a(6), but if collections is not the principal purpose of its business, as is true of Santander, it will not be […]
by Jeff Sovern That's the decision in Midland Funding, LLC v. Johnson. But the decision about asserting time-barred claims seems to be limited to bankruptcy matters. As for whether the claim was deceptive or misleading, the Court noted that the proof of claim indicated on its face that it was time-barred. The Court also wrote: [T]o […]
The decision is here. SCOTUSblog analysis here. Here's the first paragraph of that analysis: The Supreme Court handed a partial but significant victory to cities today, holding that the Fair Housing Act allows the city of Miami to bring a lawsuit alleging that two banks, Bank of America and Wells Fargo, violated the law when […]
Here, in SCOTUSblog. Sounds like the justices are leaning towards finding for the debt buyers, but oral arguments can be a treacherous guide to the final result.
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 […]
It's titled The Government Gorsuch Wants to Undo. All of it is worth reading, but here's an excerpt: Judge Gorsuch embraces a judicial philosophy that would do nothing less than undermine the structure of modern government — including the rules that keep our water clean, regulate the financial markets and protect workers and consumers. In […]
Here. The essay reviews Judge Gorsuch's arbitration decisions. Here's an excerpt: Senators must press Judge Gorsuch on arbitration during his hearing next week. If he does believe that limits on the FAA’s “heavy hand” exist [as Judge Gorsuch indicated in an opinion], he should be willing to define and describe them. Otherwise, more and more […]
Here. (HT: Gregory Gauthier)
Here. Excerpt: [T]here are three cases before the Supreme Court at various stages that not only deal with the CFPB, but with federal regulations that some fear that Trump's nominee, Neil McGill Gorsuch, currently a judge on the U.S. Court of Appeals for the Tenth Circuit, will have no patience with. Correction: An earlier version […]