Category Archives: Uncategorized

SCOTUS to Decide if NLRB Class Action Waiver Ban is Enforceable.

The U.S. Supreme Court agreed to hear three cases related to the National Labor Relations Board (NLRB) decision in D.R. Horton in which the NLRB held that companies that require employees to sign class action waivers violate their rights to act collectively under Section 7 of the National Labor Relations Act (NLRA). The three cases to be […]

Ninth Circuit considers when debt collector enforcing a security interest is subject to FDCPA.

In Mashiri v. Epstein Grinnell & Howell, the Ninth Circuit reversed the district court’s dismissal for failure to state a cause of action under the Fair Debt Collection Practices Act (FDCPA). On appeal, Defendants argued for the first time they were merely enforcing a security interest and subject to only §1692f(6). The court rejected Defendants’ […]

Citigroup to return $22.5M to overcharged customers to end NY Attorney General’s investigation

Patch.com reports: [New York] Attorney General Eric T. Schneiderman announced Thursday the resolution of a four-year investigation of a Citigroup subsidiary that had overcharged over 47,000 of its customers more than $22.5 million in fees. After the Attorney General’s Office launched its investigation, Citigroup Global Markets, Inc revised its policies and procedures to address the […]

FCC warns of debt-collection and other financial-service scam calls

"The Federal Communications Commission is alerting consumers to be aware of callers falsely offering lower credit card payments or interest rates, credit card debt relief, and improved credit scores. These scams can be more common during and after the holiday season when many consumers carry more debt than at other times of year. The FCC […]

FCC warns of risks to consumers of “zero-rating” cellphone programs

The Washington Post reports: If you've used or heard of programs such as T-Mobile's Binge On or Music Freedom, then you're familiar with an increasingly common business tactic known as zero rating: the decision by a cellphone carrier to let you stretch your data plan by exempting some services, such as Spotify or Netflix, from your […]

FTC: Mortgage Relief Defendant Banned from Debt Relief Business

The Federal Trade Commission announced today: Damian Kutzner, one of the operators of a mortgage relief scheme that bilked millions of dollars from financially distressed homeowners, has agreed to a court order banning him from the debt relief business. The stipulated order resolves the [FTC's] complaint and the contempt charges against Kutzner. It also bans […]

CFPB acts against two law firms for misrepresenting attorney involvement to collect on debts

The Consumer Financial Protection Bureau this week took action against two medical debt collection law firms and their president for falsely representing that letters and calls were from attorneys attempting to collect on a debt when no attorney had yet reviewed the account. The law firms also did not ensure the accuracy of the consumer […]

AmBanker: CFPB’s Arbitration Plan Is Likely Dead on Arrival

Here (behind paywall).  The article lists various possible industry strategies for blocking the rule: fire CFPB Director Cordray before he can adopt the new rule or after it is adopted and appoint a new director who will rescind it; Congress could preempt the rule from taking effect through the Congressional Review Act or the Financial […]