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District Court Dismisses FDCPA Claim Alleging Failure To Address Future Hypotheticals

Published: Dec 04, 2021
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In Riccio v. Client Services, Inc., the District Court of New Jersey dismissed a class action lawsuit finding that a failure to assure a consumer that statements in a letter would not change in the future was not materially misleading under the least sophisticated debtor test. On February 13, 2020, Joanne...

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CFPB Adopts Rules Expanding Scope Of The “Qualified Mortgage” Definition

Published: Dec 02, 2021
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The CFPB adopted two final rules relating to the definition of "qualified mortgages" ("QMs"), both of which have the effect of broadening the scope of that definition under Regulation Z ("Truth in Lending Act"). The adoption of these rules will expand the types of mortgages that government-sponsored enterprises ("GSEs") may purchase, which in turn...

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Court Rejects FDCPA Claims Based On Multiple Addresses, Validation Periods In Consecutive Collection Letters

Published: Nov 30, 2021
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In Paul v. Enhanced Recovery Company, the plaintiff received two letters from a debt collector concerning the same debt, about 40 days apart. The letters were identical, except for the dates and the amount of the settlement offers - the first contained an offer of $1,375.42, while the second offer was...

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