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Wisconsin State Court Complaint in Ermilio v. TAB Bank (Riegle-Neal)

This is a 2021 state court complaint alleging that, in a rent-a-bank situation, the credit agreements with an out-of-state bank did not comply with Wisconsin's non-interest rate regulation of consumer credit.  Although not stated in the complaint, the bank could not rely on Riegle-Neal preemption as to Wisconsin non-interest rate regulation because TAB Bank had no branches in Wisconsin.  As a result, it had to comply with Wisconsin non-interest rate regulation and not that of its home state regulation.  The case was removed to federal court and the federal case resulted

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FTC Advisory Opinion in the Matter of ACA International

This is the text of a 2007 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer who disputed a debt that the collector has ceased its collection efforts and concluding that it does not.

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FTC Advisory Opinion in the Matter of U.S. Foreclosure Network

This is the text of a 2008 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer of settlement options that may be available to avoid foreclosure. The opinion, with qualifications, finds such communication to be permissible.

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June 23, 2009 FTC Advisory Opinion Addressed to Rozanne Anderson and Andrew Beato

This is the text of a 2009 FTC advisory opinion dealing with a request from representatives of the debt collection industry that the FTC that action to clarify that the act of responding to a consumer dispute is not an attempt to collect a debt under the FDCPA. Further the representatives ask clarification that a consumer that sends a written dispute to a furnisher after having invoked his or her cease communication rights under the FDCPA has revoked the cease communication instruction for purposes of communicating with the furnisher to process the dispute.

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Group Discharge Letter for Marinello Schools of Beauty

This is an ability to benefit approval notice to students that attended Marinello School of Business who were admitted based on graduation of a specified high school. The notice provides that those student are entitlted to a false certification discharge of their student loans because of invalid high school diplomas, and that no action need be taken for the discharge to be granted.

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Sample Demand Letter Re National Collegiate Student Loan Trusts

This is a letter from a student borrower's attorney to the National Collegiate Loan Trusts, the holder of the student's private student loan, requesting a copy of the loan agreement and  documentation of the assignment of the loan from the original lender through the chain of ownership to the current holder.

Arnstein v. Phillips, 2022 WL 1785532 (S.D. Fla. Apr. 26, 2022), adopted, 2022 WL 1773662 (S.D. Fla. June 1, 2022).

Nojovits v. Ceteris Portfolio Servs., L.L.C., 2022 WL 2047179 (E.D.N.Y. June 7, 2022).

Vasquez v. Great Lakes Processing Servs., L.L.C., 2020 WL 13413996 (S.D. Tex. Apr. 21, 2020).

White v. Skagit Bonded Collectors, L.L.C., 2022 WL 2046286 (W.D. Wash. June 7, 2022).

Deegan v. Specialized Loan Servicing, L.L.C., 2020 WL 13356789 (M.D. Fla. Nov. 13, 2020).

Mullins v. Monarch Recovery Mgmt. Inc., 2022 WL 2125913 (W.D.N.C. May 26, 2022), adopted, 2022 WL 2124888 (W.D.N.C. June 13, 2022).

Smith v. Collection Recovery Sols. Int’l, L.L.C., 2022 WL 1716444 (N.D. Ga. Jan. 25, 2022), adopted, 2022 WL 1702509 (N.D. Ga. Feb. 22, 2022).

Van Note v. Specialized Loan Servicing, L.L.C., 2022 WL 2209867 (D.N.J. June 21, 2022).

Hewson v. Specialized Loan Servicing, L.L.C., 2022 WL 2758521 (E.D. Mich. July 14, 2022).

Herbert v. CitiMortgage, Inc., 2021 WL 9020731 (S.D. Miss. Jan. 4, 2021).

Louis v. Deshmukh, 2022 WL 2967243 (D.N.J. Juy. 27, 2022).

Swainson v. Lendingclub Corp., 2022 WL 2704629 (S.D.N.Y. June 24, 2022), adopted, 2022 WL 2704486 (S.D.N.Y. July 12, 2022).