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Magazine Article on Retailers Limiting Consumers’ Fair Credit Billing Act Rights

This is a Money Advisory 2012 magazine article discussing some retailers’ attempts to limit consumer rights under the Fair Credit Billing Act when consumers dispute with their credit card issuer charges assessed by the retailer.  For example, retailers may require the consumer to dispute the charge initially or even only with the retailer, and not seek a chargeback from the card issuer.

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Maryland Commissioner of Financial Regulation Charge Letter Against Unlicensed Entities (Fortiva Financial, et. al.)

This is a charge letter sent by the Maryland Commissioner of Financial Regulation to Fortiva Finanical, Bank of Missouri, and Atlanticus warning them of an administrative hearing concerning unlicensed lending activity involving instalment loans.  Even if Bank of Missouri was the true lender, and could avoid the licensure requirement, Fortiva and Atlanticus under Maryland law were required to obtain a license to assist consumers in obtaining a loan extension and to collect on such loans.

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Michigan State Court Complaint Concerning Mortgage Loan Servicing After Loan Modification (Owen)

This is a Michigan state court complaint brought in 2013 by Legal Aid of Western Michigan against Ocwen, a mortgage servicer, for failing to properly service the mortgage loan after a loan modification, including improperly computing the loan balance, improper debt collection practices, and failing to reply timely to a qualified written request.  This complaint was filed by John Smith of Legal Aid of Western Michigan.

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Virginia Federal Court Class Action Complaint Concerning Zombie Mortgage Debt Collection (United Asset Management)

This is a 2021 federal class action complaint in the Eastern District of Virginia concerning the collection of zombie mortgage debt. United Asset Management is seeking foreclosure on a second mortgage it purchased in 2021, including collection of fees and interest that the original loan holders had waived, even though it never provided the homeowner with notice of the assignment.  Other allegations involve deceptive and unconscionable collection practices and seeking a foreclosure without properly complying with state foreclosure law.  This complaint was filed by Kelly Guzzo PLC.