Skip to main content
Home
Enter a keyword

Main navigation

Menu
  • US Law
  • Regions
    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America
  • Headlines
  • Education Resources
    • ABI Committee Articles
    • ABI Journal Articles
    • Covid 19
    • Conferences and Webinars
    • Newsletters
    • Publications
  • Firm Articles
  • About Us
    • ABI International Board Committee
    • ABI International Member Committee Leadership
  • Join ABI

Note to Lenders: CFPB Amends the Fair Debt Collection Practices Act
2023-01-09

In 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (“Rule”) that amends Regulation F, 12 C.F.R. part 1006, the Fair Debt Collection Practices Act (the “FDCPA”). The Rule became effective on November 30, 2021. Because the FDCPA was implemented over four decades ago, the Rule is designed to interpret and further the goals of the FDCPA in present day. The Rule places additional restrictions on debt collection practices and addresses communications regarding debt collection.

Scope of the Rule

Filed under:
USA, Banking, Insolvency & Restructuring, Bankruptcy, Fair Debt Collection Practices Act 1977 (USA), Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA)
Location:
USA
View Original Article
Insureds' $20 million settlement payment to FTC redress fund held uninsurable restitution
2011-04-01

The Commonwealth Court of Pennsylvania, which is overseeing the liquidation of the insurer in the coverage dispute, entered an order approving the insurer’s denial of coverage under an excess policy for a $20 million settlement that two individual insureds paid into a Federal Trade Commission (FTC) redress fund. The court adopted the recommendation of the referee appointed to hear the coverage dispute, who applied California law and concluded that the insurer was entitled to summary judgment following briefing and oral argument. Wiley Rein represented the insurer before the referee.

Filed under:
USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Fraud, Interest, Debt, Mortgage loan, Liquidation, Unconscionability, Federal Trade Commission (USA), Commonwealth Court of Pennsylvania
Location:
USA
Firm:
Wiley Rein LLP
View Original Article
Don't forget the consumer privacy ombudsman in bankruptcy proceedings
2009-11-20

The dispute over the disposition of customer records held by the "Clear" airport traveler program casts a spotlight once again on the handling of consumer personal data when a business falls on hard times. In such circumstances, the desire of the debtor to preserve or maximize the value of its business assets can conflict with legitimate privacy interests of individuals who were customers of the business.

Filed under:
USA, New York, Insolvency & Restructuring, IT & Data Protection, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Information privacy, Retail, Debtor, Consumer protection, Class action, Personally identifiable information, Preliminary injunction, Consumer privacy, Social Security number, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, US District Court for SDNY
Location:
USA
Firm:
Wiley Rein LLP
View Original Article
Protection for “personally identifiable information” in bankruptcy sales
2007-12-05

The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

Filed under:
USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, US Code, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, United States bankruptcy court
Location:
USA
Firm:
Wiley Rein LLP
View Original Article
Privacy vs. bankruptcy: case lesson on when customer data is not for sale
2011-09-23

On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising against the sale of Border's customer information absent customer consent or significant restrictions on the transfer and use of the information.

Filed under:
USA, Insolvency & Restructuring, IT & Data Protection, Kelley Drye & Warren LLP, Credit card, Bankruptcy, Retail, Consumer protection, Interest, Personally identifiable information, Data, Consent, Liquidation, Consumer privacy, Federal Trade Commission (USA)
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Pending Bill would expand FTC powers over drug patent settlements and alter the legal test
2013-02-14

Key Points

Filed under:
USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Federal Trade Commission (USA)
Location:
USA
Firm:
Dechert LLP
View Original Article
5th Cir. Rules in Lender’s Favor in Agricultural Lien Priority Dispute
2019-05-17

In an agricultural lien contest between three creditors of a bankrupt commercial farm, the U.S. Court of Appeals for the Fifth Circuit recently affirmed the trial court’s award of summary judgment in favor of a bank that provided debtor-in-possession financing, holding that the locale of the farm products determined the applicable lien law and that bank’s lien was superior to the liens of two nurseries that supplied trees and shrubs because the latter were either unperfected or unenforceable.

Filed under:
USA, Agriculture, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Federal Trade Commission (USA)
Authors:
Hector E. Lora
Location:
USA
Firm:
Maurice Wutscher LLP
View Original Article
Use of FTC ‘Approved’ Disclosure No Safe Harbor Against FDCPA Claim
2017-12-20

A recent decision from a trial court sitting in Illinois calls into question whether debt collectors can rely on a widely used disclosure when collecting debt that may be subject to an expired limitations period.

A copy of the opinion in Richardson v. LVNV Funding, LLC is available at:  Link to Opinion.

Filed under:
USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Safe harbor (law), Debt collection, Fair Debt Collection Practices Act 1977 (USA), Federal Trade Commission (USA)
Location:
USA
Firm:
Maurice Wutscher LLP
View Original Article
Expedited Antitrust Merger Clearances in Bankruptcy
2020-04-06

Bankruptcy can provide important advantages to companies considering M&A activity today. M&A purchases of bankrupt companies obviously often feature significantly depressed valuations and a small universe of potentially viable purchasers.

M&A activity that is part of the bankruptcy process will prioritize speed and efficiency, offering a number of potentially important benefits over the traditional merger process, including:

Filed under:
USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White & Case LLP, Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), Federal Trade Commission (USA)
Location:
USA
Firm:
White & Case LLP
View Original Article
Can the Failing Firm Defense Save a Deal in the Covid Era?
2020-10-12

Covid-19 has had a staggering impact on the U.S. economy in just eight months. Businesses large and small are struggling to stay afloat, with over 3,600 Chapter 11 bankruptcy filings in the first half of the year.[i] By the third quarter of 2020, the number of Chapter 11 bankruptcies of companies with assets over $1 billion had doubled from the same period in 2019[ii] and the U.S. GDP had fallen 2.4%.[iii] Given the uncertainty surrounding the pandemic, economists predict that a full economic recovery is likely to take years.[iv]

Filed under:
USA, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Donald Trump, Coronavirus, Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), Federal Trade Commission (USA), US Department of Justice
Location:
USA
Firm:
Freshfields Bruckhaus Deringer LLP
View Original Article

Pagination

  • Current page 1
  • Page 2
  • Next page ››
  • Last page Last »

Footer menu

  • Publications
  • Newsletters
  • ABI International Board Committee

© 2022 Global Insolvency, All Rights Reserved