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Tag Archives: Third Circut

Third Circuit Says CFPB May Investigate the Totality of a Target’s Business Conduct

Posted in Financial Services Litigation and Enforcement, Regulatory and Compliance
Earlier this week, the Third Circuit rejected student loan servicer Heartland Campus Solutions, ECSI’s challenge to a CFPB civil investigative demand (CID), which sought information concerning ECSI’s “servicing of student loans, including processing payments, charging fees, transferring loans, maintaining accounts, and credit reportin… Read the rest

Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With Fourth and Ninth Circuits

Posted in Regulatory and Compliance
In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s occurrence – and not when the violation was discovered. The Third Circuit’s decision in Rotkiske v. Klemm directly conflicts with Fo… Read the rest