CFPB issues its 3rd annual report on debt collection

The Consumer Finanical Protection Bureau today issued its third annual report on oversight of the Fair Debt Collection Practices Act. Among other things, the report provides an overview of debt-collection complaints the agency has received from consumers. The report: (1) provides background on the debt collection market; (2) summarizes the Bureau’sconsumer response function and the […]

Final report issued on $25 billion mortgage settlement

Remember the $25 billion settlement with Bank of America, Citibank, and other major mortgage servicers over fraud and other shoddy mortgage lending practices associated with the financial meltdown of 2008 and 2009? (Read about the settlement here and here.) The court-appointed monitor, Joseph A. Smith, Jr., has issued a final report and a slew of associated data […]

Homeowner counseling nonprofits sue California for money diverted from troubled borrowers

The New York Times explains: As part of the $25 billion national mortgage servicing settlement two years ago, California and other states won a portion for home loan counseling and other educational services to help troubled homeowners avoid foreclosure. Kamala Harris, the state’s attorney general, secured the funds after long and tense negotiations with the […]

Florida Supreme Court strikes down legislative damages cap under Florida constitution’s equal protection guarantee

The Florida Supreme Court yesterday responded "yes" to this question certified to it from the U.S. Court of Appeals for the Eleventh CIrcuit: DOES THE STATUTORY CAP ON WRONGFUL DEATH NONECONOMIC DAMAGES, FLA. STAT. § 766.118, VIOLATE THE RIGHT TO EQUAL PROTECTION UNDER ARTICLE I, SECTION 2 OF THE FLORIDA CONSTITUTION?  The Florida Supreme Court […]

Critical assessment of DOJ’s efforts against mortgage fraud

After the collapse of the housing market in 2009, the U.S. Department of Justice and other agencies coordinated enforcement activites to target mortgage fraud schemes. This week, DOJ’s Office of Inspector General released an “Audit Of The Department Of Justice’s Efforts To Address Mortgage Fraud.” The Washington Post summarizes the report’s conclusions as follows: “When […]

An Overseas Look at Binding Arbitration Clauses

Bruce Wardhaugh of the School of Law–Queen's University Belfast haas written Unveiling Fairness for the Consumer:  The Law, Economics and Justice of Expanded Arbitration, forthcoming in the Loyola Consumer Law Review. Here is the abstract: In recent years, the US Supreme Court has rather controversially extended the ambit of the Federal Arbitration Act to extend […]