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Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act (“FCRA”). Rather, courts must determine whether the

Diana M. Eng, Louise Bowes Marencik, and Jonathan K. Moore ● Entities regulated by the Consumer Financial Protection Bureau (“CFPB”), including banks, credit unions, payday lenders, mortgage servicers, debt collectors, and other financial services providers, should take note that the Second Circuit has … Continue reading →
The post Second Circuit Holds CFPB’s Funding Structure Is Constitutional appeared

R. Colgate Selden, R. Andrew Arculin, Scott D. Samlin, Paula M. Vigo Marques, and Daniel V. Funaro ● A new Consumer Financial Protection Bureau (“CFPB”) advisory opinion refreshes the Department of Housing and Urban Development’s computer loan origination system policy statement … Continue reading →
The post Welcome to Internet and Mobile Marketing: HUD’s 1996 RESPA

R. Andrew Arculin, R. Colgate Selden, Scott E. Wortman, Paula M. Vigo Marques, and Daniel V. Funaro The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released two new proposals that aim to expand the Bureau’s authority over nonbank financial institutions: … Continue reading →
The post CFPB Looks to Expand Its Oversight of Nonbanks through

New York Law Journal, January 6, 2023  Diana M. Eng and Andrea M. Roberts ● In February 2021, the New York Court of Appeals issued a long-awaited decision in Freedom Mortgage v. Engel, 37 N.Y.3d 1 (2021), which, among other things, held … Continue reading →
The post <i>New York Law Journal</i>: Can the Foreclosure Abuse Prevention

New Jersey Law Journal, January 3, 2023  Diana M. Eng, Andrea M. Roberts, and Alina Levi ● For years, federal courts relied on the U.S. Supreme Court’s decision in Spokeo v. Robins, 578 U.S. 330 (2016), to ascertain whether a federal plaintiff … Continue reading →
The post <i>New Jersey Law Journal</i>: The Aftermath of ‘TransUnion v.

Wayne Streibich, Diana M. Eng, and Andrea M. Roberts ● Financial institutions, debt collectors, debt collection law firms, and consumer-facing businesses should take note that the Eleventh Circuit Court of Appeals reversed the prior panel’s decision and has ruled that merely … Continue reading →
The post Farewell, <i>Hunstein</i>—Eleventh Circuit Holds Disclosing Debtor’s Information to Mail

Diana M. Eng and Andrea M. Roberts ● In Bibbs v. TransUnion LLC, 2022 WL 3149216 (3d Cir. Aug. 8, 2022), the Third Circuit Court of Appeals (“Third Circuit”) affirmed the United States District Court for the District of Pennsylvania’s (“District Court”) … Continue reading →
The post <strong>Third Circuit Adopts New “Reasonable Reader” Standard and Holds