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Confessions of judgment may no longer be permitted as part of the necessary documents when buying or selling financialservices or products to consumers in New York. Senate bill S2632 is another overt action taken by New York state to limit the entry of judgments without due process to the borrower or debtor.
State Activities: On December 31, 2021, New York Governor Kathleen Hochul signed a bill into law that will lower the interest rate charged on unpaid money judgments to 2%. The law, effective April 30, applies to new judgment and retroactively to any judgment not fully satisfied when the law goes into effect.
On July 27, the Financial Innovation and Technology for the 21st Century Act passed the House Committee on Agriculture. The bill previously passed the House Committee on FinancialServices on July 26. On July 26, the CFPB published a blog focused on consumercredit scores. For more information, click here.
On October 10, the North American Securities Administrators Association (NASAA) — an alliance of securities regulators across the states, Canada, and Mexico — supported the SEC’s claims that assets and services offered by crypto exchange Coinbase are investment contracts. For more information, click here. For more information, click here.
On October 25, the administrator of Colorado’s Uniform ConsumerCredit Code issued an order extending the requirements of sections (4) and (5) of SB-211 and restricting the use of extraordinary collection activities to collect debt or satisfy judgments in Colorado until February 1, 2021. For more information, click here.
If enacted, the bill would, among other things, prohibit medical debts from being reported on consumers’ credit reports. The bill would even prohibit credit reporting agencies from accepting information about consumers’ medical debts.
District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central Mortgage Company (Arvest) learned to its detriment. in damages from the offer of judgment.
Putting an end to the use of wage garnishments (income executions) in New York to collect medical judgments. Prohibiting a creditor from entering or enforcing a medical judgment by placing a lien against a debtor’s primary residence. Bill S9348 : Directs the superintendent of financialservices to study overdraft fees.
The trio examine why this is a big deal in consumer litigation, whether courts consistently apply recent Supreme Court decisions with one another, and what considerations and implications defendants should consider when deciding whether or not to remove a case from state to federal court.
The CFPB recently issued its second Quarterly ConsumerCredit Trends Report which examines the impact of changes to credit reporting regarding the reporting of civil public records. In 2015, the three major credit reporting agencies (“CRAs”) entered into settlements with over thirty states.
Wondering why DFS/Webbank showed up on your credit report? Short for Dell FinancialServices/Webbank, the entry is probably on your report because you applied for a Dell Preferred Account. Most of the time, a hard inquiry from a lender or service provider is nothing to panic over. DFS/Webbank On My Credit Report.
A district court in the Western District of Washington held that the Fair Credit Reporting Act (FCRA) does not require a consumer reporting agency (CRA), as part of its investigative duties, to issue an opinion on the legal validity of a consumer’s debt. CitiMortgage, Inc. In Riser v. Central Portfolio Control, Inc. ,
Section 1692g(a) requires that within five days of initial communication, the debt collector provide the consumer with a written notice which contains five pieces of information: (a) the amount of the debt; (b) the name of the creditor to whom the debt is owed; (c) a statement that unless the consumer, within thirty days after receipt of the notice, (..)
2547 was sponsored by House FinancialServices Committee Chairwoman Rep. While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. The bill, H.R.
The 2015 report attempted to make a case that few consumers ever bring individual actions against financialservice institutions and that class actions provide a more effective means to challenge and deter prohibited financialservice practices. Proposed 12 CFR 1040.3
The putative class action in TransUnion arose from claimed violations of the Fair Credit Reporting Act involving the maintenance of allegedly inaccurate consumercredit files. However, within one year, the Eleventh Circuit granted hearing en banc and vacated the judgment. Ramirez , 141 S.Ct. ” Id. at 1358–59.
On June 8, the Commodities Futures Trading Commission (CFTC) obtained a default judgment against a decentralized autonomous organization (DAO) Ooki Dao in the U.S. On June 6, Colorado Governor Jared Polis signed HB 23-1229, which amends the state’s Uniform ConsumerCredit Code (UCCC). For more information, click here.
However, due to partisanship in the Senate, Senator Lummis believes her bill is unlikely to pass before the House FinancialService Committee’s bill is introduced. Khan appeared before the House Appropriations Subcommittee on FinancialServices and General Government to discuss its FY 2024 budget request and the agency’s ongoing work.
To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week: Federal Activities. State Activities. VantageScore decided to drop medical debt from its calculations.
House of Representatives that seeks to amend the Fair Credit Reporting Act to exclude COVID-19-related evictions from consumers’ credit reports. Pritzker issued an executive order extending the suspension of garnishment, deduction of wages, and post-judgment citations to discover assets through April 3.
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