Commonwealth v. Credit Acceptance Corporation No. 2 – Massachusetts Debt Collection Phone Call Limits and Repossession Notices  

September 20, 2021

I previously blogged about a summary judgment decision in Commonwealth v. Credit Acceptance Corporation, where the Massachusetts Attorney General’s office claimed an auto lender’s indirect lending dealer compensation system functions to illegally raise interest rates above an auto-loan usury statute minimum.   That case was dismissed by agreement of the parties and on the same … More Commonwealth v. Credit Acceptance Corporation No. 2 – Massachusetts Debt Collection Phone Call Limits and Repossession Notices  

Commonwealth v. Avant LLC – Mass. AG Enforces Its Debt Collection Regulations Regarding Creditors

September 7, 2021

Massachusetts Attorney General’s Fair Debt Collection Regulations (the Regulations) 940 CMR 7.08(1) requires creditors collecting their own debts to send a validation notice that tracks the Federal Fair Debt Collection Practices Act 15 U.S.C. s. 1692g(a)(1)-(5), advising the debtor of the name of the creditor, the amount owed, and allowing the debtor thirty days to … More Commonwealth v. Avant LLC – Mass. AG Enforces Its Debt Collection Regulations Regarding Creditors

New FNMA Single Family Mortgage and Note Forms Are Here

August 13, 2021

In some ways, Fannie Mae single family standard mortgage-related forms are the definition of boilerplate, in the sense that the mortgage forms are long and detailed, most consumers do not read or attempt to understand them, and the forms are used in a large number of consumer mortgage transactions. As many of us know, the … More New FNMA Single Family Mortgage and Note Forms Are Here

Supreme Court Case Limits Rights To Sue in FCRA Case – What is the Harm?

July 30, 2021

In the debt collection context, suits by borrowers often rely on allegations of reputational harm and personal anxiety, interests statutes like the Federal Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) are designed to protect. However, these injuries are sometimes difficult to discern. In Transunion v. Ramirez, the Supreme Court recently … More Supreme Court Case Limits Rights To Sue in FCRA Case – What is the Harm?

Massachusetts Provides Clarity on Service of Process in Enforcement of Foreign Judgments

July 16, 2021

In the case of Cassouoto-Noff & Co. v. Amy Diamond SJC-13026 (July 6, 2021) the court ruled that a holder of a foreign judgment against a Massachusetts resident need not have complied with the Massachusetts Rule 4, the rule governing service of a complaint, in order for a foreign judgment to be enforceable under Massachusetts’ … More Massachusetts Provides Clarity on Service of Process in Enforcement of Foreign Judgments