February, 2017

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Enterprise Debtor Payment Portal

SimplicityCollectionSoftware

Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. Use this application easily from your own website or direct them to our portal, either option is now available.

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Bad System Conversion Leads to CFPB Consent Order for Prepaid Card Provider and its Vendor

Consumer Financial Services Law

The CFPB continues to flex its muscle and expand its reach, this time punishing a prepaid card provider and its vendor for a conversion to a new system that did not go as planned. The consent order, which was entered into without any admission of liability, requires UniRush and its vendor/payment processor to pay an estimated $10 million in restitution to affected consumers and a civil monetary penalty of $3 million.

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CFPB Monthly Report Spotlights Mortgage Products

Consumer Financial Services Law

The CFPB has issued its monthly complaint report and is shining its spotlight on mortgage products. The Monthly Complaint Report provides a high level snap shot of trends in consumer complaints, using a three month rolling average of complaints. Each month, the report focuses on a category of consumer financial products. Here are the highlights of the most recent report: IN GENERAL · Student loans showed the greatest increase in complaints comparing October -December 2015 with October-December 2

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Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Consumer Financial Services Law

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided his cell number when meeting with a fitness gym about joining. Van Patten v. Vertical Fitness Group, LLC, 2017 U.S. App. LEXIS 1591 (9 th Cir.

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Solve Your Firms Automation Complexities Once and For All

Speaker: Mark Stovel

When it comes to automating, many firms focus on finding the latest tech, believing that efficiency is something achieved through new tools. Yet true efficiency is achieved by delivering real value to clients, not merely by upgraded systems. Without a clear approach, no level of automation can overcome the complexities of serving every client’s needs.

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District Court Opinion Serves as a Reminder of the Limitations of Spokeo

Consumer Financial Services Law

A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co., the consumer filed an FDCPA complaint is state court alleging that the initial demand letter violated 15 U.S.C. §1692g. May v. Consumer Adjustment Co., 2017 U.S. Dist. LEXIS 7401 (E.D.

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CFPB Enters into Consent Orders with Citibank Subsidiaries Over Mortgage Servicing Practices

Consumer Financial Services Law

The CFPB recently entered into consent orders with several Citibank subsidiaries attacking their mortgage servicing practices during the early days of the Mortgage Servicing Rules despite the CFPB’s assurances that early examinations would focus on efforts to comply rather than the technical aspects of compliance. The consent orders require CitiMortgage to pay $17 million to affected consumers and a $3 million civil penalty and require CitiFinancial Services to pay $4.4 million to affected consu

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Enterprise Debtor Payment Portal

SimplicityCollectionSoftware

Simplicity Debt Collection Software is pleased to announce the roll out of its new Enterprise Debtor Payment Portal. This fully functional portal allows you to empower your debtors to make payments, settle accounts, set up payment plans, confirm their information and so much more. Use this application easily from your own website or direct them to our portal, either option is now available.

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Inaccurate TILA Disclosures Not Enough to Create Standing

Consumer Financial Services Law

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under Article III. In Kelen v. Nordstrom , the plaintiff sued the retailer alleging the retailer’s disclosures in connection with its credit card accounts violated the Truth in Lending Act.

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Clerical Error in Creditor’s Name Does Not Sink Debt Collector

Consumer Financial Services Law

A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. In Santibanez v. National Credit Systems, Inc., the debt collector’s initial letter stated as follows: Re: ENCOMPASS MANAGEMENT CONSULTANTS Account #: 3118797 Balance: $875.33 Dear CARLOS SANTIBANEZ, It is imperative that you give this matter your prompt attention.

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Top 3 Banking Secrets to Stay Relevant with Gen Z Consumers

Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert

In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.

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Court Grants CFPB's Petition for Rehearing in PHH

Consumer Financial Services Law

The D.C. Circuit has vacated its prior order in PHH Corporation v. Consumer Financial Protection Bureau and ordered the matter be reheard en banc. The parties have been specifically asked to address the following issues in their briefs: Is the CFPB's structure as a single-Director independent agency consistent with Article II of the Constitution and, if not, is the proper remedy to sever the for-cause provision of the statute?

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