Payment Law Advisor Legal Commentary and Resources for the Payment Industry

Tag Archives: Supreme Court

States Diverge From Federal Regulators on Disparate Impact

Posted in Financial Services Litigation and Enforcement, Regulatory and Compliance
Federal and state fair lending regulators are charting different courses for the future of “disparate impact” liability under the Equal Credit Opportunity Act and analogous state law. For its part, the federal policymaking apparatus is working to limit or eliminate disparate impact liability under ECOA, basing the change on the Supreme Court’s… Read the rest

Supreme Court Narrows FDCPA’s Definition of Debt Collector

Posted in Regulatory and Compliance
Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”).  However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an existing circuit split and unanimously affirmed a Fourth Circuit holding that a company that collects debts that it had p… Read the rest

“Predominant economic interest” — CashCall, Inc. v. Morrisey

Posted in Deals and Technology, Financial Services Litigation and Enforcement
PLA today posts (alongside the already-posted public WebBank deals) a petition for certiorari filed in the U.S. Supreme Court a few months back in the CashCall rent-a-charter / true lender litigation. In this case, West Virginia’s Attorney General successfully alleged that CashCall was the “de facto lender” based on its “predominant econom… Read the rest