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william e lewis: US Supreme Court Rules Against Debt Collector - 04/25/10 09:03 AM
Debt collectors can no longer claim ignorance of the law as an excuse for violating the Fair Debt Collections Practices Act (FDCPA) while attempting to collect a debt.
On Wednesday, the United States Supreme Court handed down a ruling that severely restricts the "bona fide error" defense under the Fair Debt Collection Practices Act for debt collectors that send erroneous collection notices.
In a 7-2 ruling, the high court ruled that collection law firms could not use misinterpretations of the law in a "bona fide error" defense under the FDCPA.
In the matter of Jerman v. Carlisle, McNellie, Rini, Kramer & … (0 comments)
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william e lewis: Loan Modification Licensure in Florida - an Industry No Longer Without Regulation - 01/06/10 09:20 AM
The days of simply opening up shop and starting a loan modification business have come to an end in Florida. Individuals or businesses providing loan modification services must now be licensed as a mortgage broker by the Florida Office of Financial Regulation (OFR) in order to conduct business.
The Florida legislature recently passed Senate Bill SB 2226. This law makes significant changes to Florida's mortgage brokerage law - Chapter 494, Florida Statutes - effective January 1, 2010. In particular, the new law specifically covers negotiation of existing loans as being part of the duties of a mortgage broker. As such, any … (1 comments)
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william e lewis: Credit Card Act of 2009 - A Primer to Basic Consumer Protections - 01/05/10 11:36 AM
In an ideal world, one would not worry about the recession, high unemployment rates, the foreclosure epidemic and the never ending debt load carried by the average American. In what has been commonly referred to as the "Year of the Consumer," 2010 has a lot to offer in the way of federally mandated "changes" as it relates to the credit card industry.
With less than 30 days until enactment of The Credit Card Accountability, Responsibility and Disclosure Act of 2009 creditors and financial institutions are doing their very best at circumventing the new law, also known by its short title - … (0 comments)
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