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CFPB Circular 2023-1, Unlawful Negative Option Marketing Practices (Jan. 19, 2023)

Description: This CFPB circular states that negative option marketing practices may be unfair, deceptive, or abusive where a seller (1) misrepresents or fails to clearly and conspicuously disclose the material terms of a negative option program; (2) fails to obtain consumers’ informed consent; or (3) misleads consumers who want to cancel, erects unreasonable barriers to cancellation, or fails to honor cancellation requests that comply with its promised cancellation procedures.

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CFPB Circular 2023-2, Reopening Deposit Accounts That Consumers Previously Closed (May 10, 2023)

This CFPB circular states that is is an unfair practice for a financial institution, after the consumer closes a deposit account, to unilaterally reopen the account and process a deposit or debit.

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CFPB Circular 2023-03, Adverse Action Notification Requirements and the Proper Use of the CFPB’s Sample Forms Provided in Regulation B (Sept. 19, 2023)

Description: This CFPB circular states that creditors may not rely on the checklist of reasons provided in the sample forms (currently codified in Regulation B) to satisfy their obligations under ECOA if those reasons do not

specifically and accurately indicate the principal reason(s) for the adverse action. Nor, as a general matter, may creditors rely on overly broad or vague reasons to the extent that they obscure the specific and accurate reasons relied upon.

United States Consumer Law Attorney Fee Survey Report (2019)

Since 1999, Ronald Burdge, a Dayton Ohio consumer attorney,  has been producing and publishing the free U.S. Consumer Law Attorney Fee Survey Report, the only national survey of consumer law practitioners in the United States. Its methodologies have been independently peer reviewed and supported by the National Association of Legal Fee Analysis.

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Complaint in Motter v. Synergetic Communications, Inc. (2023)

This is a 2023 FDCPA complaint that pleads facts to support constitutional Article III standing in federal court. The complaint specifies concrete injury from an invasion of privacy and the time and expense of having his attorney send defendants a letter.  The complaint was drafted by the Illinois firm of Philipps & Philipps and the Missouri firm of the Callahan Law Firm.

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Class Complaint in Mack v. Resurgent Capital Services (2023)

This is a 2023 FDCPA class class complaint dealing with a consumer disputing a debt and asking for verification.  When the account was collected by a second agency, the consumer's requests were ignored and a new letter was sent. The complaint was drafted by the Illinois firms of Philipps & Philipps and SMITHMARCO.

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Complaint in Holloway v. Firstsource Advantage (2023)

This is a 2023 FDCPA complaint that takes care to plead facts to support constitutional Article III standing in federal court. The complaint specifies the plaintiff's concrete injury from an invasion of her privacy, seclusion, and the right to counsel; from her emotional distress; and from the cost to her of additional time, money, and effort to assert her rights. The complaint was drafted by the Illinois firm of Philipps & Philipps.