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Maine Federal Court Finds Maine Data Collection Law Likely Violates First Amendment
On September 9, the U.S. District Court for the District of Maine held that a recently passed Maine Act requiring parental consent for the collection of health-related information from a minor is likely overbroad and thus could violate the First Amendment. Maine Independent Colleges Ass’n v...
InfoBytesCalifornia Bill Proposes Prohibition of Advance Fees for Loan Modification Consultant
On September 9, A.B. 764 , a bill to prohibit certain loan modification consultants from receiving fees in advance of modifying a loan, was enacted by the California legislature and is currently pending approval by Governor Arnold Schwarzenegger. The proposed bill would prohibit any person...
InfoBytesNorth Carolina Law to Increase Requirements for Collection Agencies, Debt Buyers in Foreclosure Actions
On September 9, North Carolina Governor Bev Perdue signed SB 974 , the “North Carolina Consumer Economic Protection Act,” (the Act) which pertains to debt collection and mortgage foreclosure practices. Under the Act, the Clerk of Court who presides over foreclosure hearings has the authority to...
InfoBytesCalifornia Court Enjoins Lender From Continuing Allegedly Predatory Lending Practices
On August 24, CashCall, Inc. - an Anaheim, California based lender that makes small, unsecured cash loans to consumers at high interest rates - consented to the entry of a final judgment and permanent injunction in connection with allegations by the California Attorney General regarding its lending...
InfoBytesFlorida Attorney General Sues Mortgage Foreclosure Rescue Services Company
On August 21, Florida Attorney General Bill McCollum sued a mortgage foreclosure rescue services company, JPB Consulting, Inc. (of Kissimmee, FL), and its president for allegedly charging illegal up-front fees for foreclosure relief services that the company allegedly did not actually provide. The...
InfoBytesMassachusetts Regulator Issues Cease-Activity Directives to Payday Lenders
On August 18, the Massachusetts Division of Banks (the Division) announced that it has issued cease-activity directives to 95 companies allegedly making illegal payday loans to Massachusetts consumers. According to the Division, many of the companies it identified were charging annual percentage...
InfoBytesEighth Circuit Holds DIDMCA Does Not Preempt State Law Limits on Closing Costs and Fees
On August 7, the U.S. Court of Appeals for the Eighth Circuit held that the Depository Institutions Deregulation and Monetary Control Act (DIDMCA) does not preempt a Missouri state law governing the types and amounts of closing costs and fees a lender may charge on second-lien residential mortgage...
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