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In re Targeting and Eliminating Unlawful Text Messages Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (Mar. 17, 2023)

Report and Order and Further Notice of Proposed Rulemaking - FCC 23-21/CG Docket Nos. 21-402 & 02-278 

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In re Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (Feb. 16, 2024)

Report and Order and Further Notice of Proposed Rulemaking - FCC 24-24/CG Docket No. 02-278 

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Additional guidance on adequate access provisions of 45 CFR Parts 264 and 265 (Apr. 26, 2016)

No. TANF-ACF-PI-2016-02

This Program Instruction (PI) provides information to TANF agencies to help
states ensure that TANF recipients have adequate access to their cash
assistance and access to using or withdrawing assistance with minimal or no
fees or charges. 

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FDIC Guidance on Payment Processor Relationships (FIL-3-2012) (Rev. July 2014)

Pre-Conference Intensive B: Loan Mods 101, pt. 2 (Video)

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

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In re Targeting and Eliminating Unlawful Text Messages Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 Advanced Methods to Target and Eliminate Unlawful Robocalls (Dec. 18, 2023)

Second Report and Order, Second Further Notice of Proposed Rulemaking in CG Docket Nos. 02-278 and 21-402, and Waiver Order in CG Docket No. 17-59 - FCC 23-107/CG Docket Nos. 21-402/02-278/17-59

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CFPB Amicus Brief in Carrasquillo v. CICA Collection Agency (1st. Cir.) (filed Jan. 2, 2024) (no FDCPA intent or knowledge requirement for 1692e)

This is a January 2, 2024, CFPB amicus brief before the First Circuit arguing that FDCPA Section 1692e’s prohibition on false, deceptive, or misleading representations is not limited to intentional or knowing representations.

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In re Implications of Artificial Intelligence Technologies on Protecting Consumers from Unwanted Robocalls and Robotexts (Feb. 8, 2024)

Declaratory Ruling -  FCC 24-17/CG Docket No. 23-362

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Gaskell v. Kinum, Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills and John Steinkamp of Indianapolis, Indiana, on October 13, 2023,  in the Southern District of Indiana alleging FDCPA violations involving demanding a debt not owed (1692e), failure to cease communications and collections (1692c(c)), communicating with a consumer represented by counsel (1692c(a)(2)), and harassment or abuse (692d(2). The complaint also addresses federal court standing.

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Ebaugh v. Medicredit Inc.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.

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Colburn v. Collection Professionals

This is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f).  The complaint also addresses federal court standing.

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Gilman v. TRS Recovery Services, Inc.

This is a federal court complaint  filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 9, 2023,  in the Northern  District of Illinois alleging FDCPA violations involving  failure to cease collections of a dispute debt without providing validation (1692g(b)), failure to cease communications and collections (1692c(c)), false, misleading and deceptive statements (1692e),, and harassing or abusive practices (1692d). The complaint also addresses federal court standing.

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Sample Retainer Agreement

This is a sample retainer agreement between counsel and a class representative in a potential class action, setting out the limits of the counsel's representation and describing the client's responsibilities, settlement issues,  attorney fees and costs,  termination of the representation, and publicity.

89 Fed. Reg. 19,128 (Mar. 15, 2024)

The Consumer Financial Protection Bureau (CFPB or Bureau) amends Regulation Z, which implements the Truth in Lending Act (TILA), to address late fees charged by card issuers that together with their affiliates have one million or more open credit card accounts (referred to as ‘‘Larger Card Issuers’’ herein). This final rule adopts a late fee safe harbor threshold of $8 for those issuers and provides that the annual adjustments to reflect changes in the Consumer Price Index (CPI) do not apply to this $8 amount.

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Opinion Request, In re Solo Funds, Inc. (Conn. Comm’r of Banking May 16, 2023)

In 2023, the Commissioner issued an opinion letter to SoLo Funds.  The letter “takes the position that the identification of tip and donation amounts to lenders and parties such as SoLo prior to consumers being offered and receiving a loan via a platform such as the SoLo platform causes such tip and donation amounts to be ‘incident to or a condition of the extension of credit,’ therefore constituting ‘finance charges’ that must be included in the calculation of the loan’s APR pursuant to” Connecticut’s lending law.

88 Fed. Reg. 30388 (May 11, 2023) (proposed rule; residential PACE financing)

Section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) directs the Consumer Financial Protection Bureau (CFPB or Bureau) to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. PACE financing is financing to cover the costs of home improvements that results in a tax assessment on the real property of the consumer.