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Category: Finance

Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.

On August 14, 2018 by Schnader in Finance

By Stephen J Shapiro In order to pursue its Congressional mandate to enforce Federal consumer financial laws, the Consumer Financial Protection Bureau (CFPB) may compel the production of documents or testimony by issuing a civil investigative demand (CID) to anyone the CFPB believes has information relevant to a violation of those […]

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The Third Circuit Holds that Highway Tolls are Not “Debts” Under the FDCPA

On August 10, 2018 by Schnader in Finance

By Stephen J Shapiro Drivers who use New Jersey’s toll roads can pat themselves on the back because the tolls they pay help fund a public benefit. But, as the Third Circuit recently held, that fact also means that tolls are not “debts” under the Fair Debt Collection Practices Act (“FDCPA”) […]

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The Third Circuit Holds that the FDCPA Applies to Debt Collectors that Are Collecting Debts They Own

On August 8, 2018 by Schnader in Finance

By Stephen J. Shapiro The Fair Debt Collection Practices Act regulates the conduct of debt collectors. The Act defines a “debt collector” as (a) any entity whose “principal purpose . . . is the collection of any debts” (the “principal purpose” definition), or (b) any entity that “regularly collects or […]

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2nd Cir: Debtor’s Failure to Contest Debt Does Not Insulate Debt Collector from Liability under FDCPA

On August 2, 2018 by Schnader in Finance

By Stephen J Shapiro The Fair Debt Collection Practices Act (“FDCPA”) requires that a debt collector attempting to collect a debt notify a consumer that (1) “unless the consumer . . . disputes the validity of the debt . . . the debt will be assumed to be valid by the […]

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