Appeals court reverses DOJ’s win in fraud case against Bank of America

ThinkProgress reports: Bank of America does not have to pay a $1.3 billion penalty assessed years ago, an appeals court ruled Monday. A jury found the megabank guilty of fraud in 2013, after Department of Justice (DOJ) officials decided not to settle a case involving a program run by its subsidiary Countrywide. Countrywide employees created […]

House Continues War on Consumer Protection

by Jeff Sovern The House Committee on Appropriations Subcommittee on Financial Services has released the draft of a bill it is considering that would hamstring the CFPB and at least temporarily preserve pre-dispute arbitration clauses, among other things. Here is how the Subcommittee describes the CFPB portion of the bill: The bill includes a provision […]

Peter Holland’s Powerful Piece: Current Trends in Consumer Junk Debt Buyer Litigation

Here.  In the Maryland Bar Journal.  And here is the abstract: This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt […]

11th Circuit affirms that debt collector can be liable under FDCPA for filing bankruptcy claim on time-barred debt

The U.S. Court of Appeals for the Eleventh Circuit yesterday affirmed its 2014 holding that a debt collector violates the Fair Debt Collection Practices Act when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred. In this case, the debt collector argued that the earlier […]

ALTA Survey Finds Increase in Consumer Review of Mortgage Disclosures Under New TRID (TILA/RESPA) Disclosures

by Jeff Sovern A press release is here. ALTA is the American Land Title Association. I haven't read the study (I couldn't find the actual report of the study on the web site), but it reports an increase in consumers who read the mortgage disclosures from 74% to 92% since the TRID disclosures went into effect. The […]

Two for-profit colleges drop forced arbitration clauses

The Washington Post reports today that DeVry University and the University of Phoenix will stop using pre-dispute mandatory arbitration clauses that bar students from filing class-action lawsuits or otherwise taking their grievances to the courts. The story is here. In a related story, the Post recently explained that "It's almost impossible for students to sue […]