Consumer Financial Services Law Blog
Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Services Law Blog

Consumer Financial Services Law Blog

News and analysis regarding Consumer Financial Services litigation and regulation, and activities of the Consumer Financial Protection Bureau

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Photo of Consumer Financial Services Law Blog Nasseem S. Ramin
Senior Attorney
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Showing 6 posts by Nasseem S. Ramin.

Seventh Circuit Holds That Filings in Court Can Fall Within the FDCPA

Last month, the Seventh Circuit reversed the dismissal of a putative class action alleging that debt collector defendants used misleading language in their state court collection complaints in violation of the federal Fair Debt Collection Practices Act (FDCPA). In so ruling, the Seventh Circuit joined the numerous other circuits that have already addressed the issue in concluding that “pleadings or filings in court can fall within the FDCPA.” Read More ›

Eighth Circuit: Verifying Disputed Debt to CRA Is Not a Misrepresentation Under the FDCPA

Late last year, the Eighth Circuit held that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it responded to an inquiry from a consumer reporting agency (CRA), confirming that a consumer owed a debt but without also advising that the consumer had disputed the debt. Read More ›

CFPB Targets For-Profit Corinthian Colleges for Alleged Predatory Lending

On September 16, 2014, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a lawsuit against Corinthian Colleges (Corinthian), which operates nearly 100 for-profit colleges under the names Heald, Everest, and WyoTech.  The CFPB charges Corinthian with predatory lending and alleges that Corinthian inflated tuition costs, misrepresented students’ career prospects, and engaged in aggressive and embarrassing debt collection tactics, even while students were still enrolled in school. The Complaint outlines in detail Corinthian’s alleged internal policies of targeting individuals with “low self-esteem,” who are “isolated,” and have “minimal to non-existent understanding of basic financial concepts.”  Read More ›

Ninth Circuit Holds That Letters Never Read by a Debtor Can be Materially Misleading Under the FDCPA

Late last month, the Ninth Circuit, in a split decision, overturned a lower court’s dismissal of FDCPA claims related to debt collection letters that the plaintiff/debtor admittedly never even read.   Read More ›

Sixth Circuit Confirms PTFA Provides No Private Right of Action, But Holds PTFA Violations Could Support State-Law Claims

The U.S. Court of Appeals for the Sixth Circuit recently confirmed that the federal Protecting Tenants at Foreclosure Act (PTFA) does not provide a private right of action.  The Court did find, however, that violations of the PTFA may be used by tenants to support causes of action under state law.  Read More ›

Sixth Circuit Holds Servicer That Is Not Also Creditor Is Not Liable For Failing to Identify Owner/Master Servicer Under TILA

The U.S. Court of Appeals for the Sixth Circuit recently confirmed1 that the 2009 amendments to the Truth in Lending Act (TILA) via the Helping Families Save Their Homes Act did not create a private cause of action against a loan servicer that was not also a creditor; thus, the servicer could not be liable for a violation of 15 U.S.C. § 1641(f)(2).  Read More ›