Back to Basics, Continued — CFPB Circular 2022-03; Adverse action notification in connection with credit decisions based on algorithms June 8, 2022 United States: The Equal Credit Opportunity Act is quite clear that creditors must advise consumers of the specific reasons for adverse action taken on a consumer’s credit application.
Back to Basics, Continued — Let’s Revisit Direct Lending and Indirect Lending June 1, 2022 United States: I’ve written several times about the difference between the finance company making a purchase-money, direct loan to a consumer and the finance company purchasing a consumer’s retail installment sales contract from a seller.
Back to Basics, Continued — American Law Institute’s adoption of a “Restatement” of the Law of Consumer Contracts May 25, 2022 United States: Lawyers, law professors and judges look to many resources in determining just what the law is on any given subject.
Back to Basics, Continued — Customer Service, Again May 18, 2022 United States: I’ve written in the past about the importance of customer service. See Back to Basics, Continued — Where Have All the Good Customers Gone? and Back to Basics, Continued — It Really Is All About Customer Service. The success of the “personal” finance business really does start with customer service.
Back to Basics, Continued — CARES Act PPP Loan Forgiveness Appeals May 11, 2022 United States: I last wrote about why the SBA is denying finance company applications for forgiveness of PPP loans back in January. See Dentons - Back to Basics, Continued—Why Is the SBA Denying Finance Companies’ “Eligibility” for PPP Loans? I described the status of the appeals made to the SBA Office of Hearings and Appeals (OHA) and suggested that readers stay tuned. Well, there have been further developments.
Back to Basics, Continued — the Importance of a Severability Clause May 4, 2022 United States: Last week I wrote about the difference between venue and jurisdiction. See: Dentons - Back to Basics, Continued — What is the Difference between Venue and Jurisdiction? I mentioned use of a severability clause in that blog. Several readers have asked for an explanation of a severability clause.
Back to Basics, Continued — What is the Difference between Venue and Jurisdiction? April 27, 2022 United States: There are two important elements in contracts that are sometimes overlooked and often confused. They are Venue and Jurisdiction.
Back to Basics, Continued — Consumer Credit Cost Disclosure a/k/a the Truth-in-Lending Act April 20, 2022 United States: I began this Back To Basics odyssey four years ago with the first installment dealing with consumer credit cost disclosure. See Back to Basics, Continued—Consumer Cost Disclosure. Little did I know then that I would still be writing this blog in 2022, nor that I would come full circle to talk about the federal Truth-in-Lending Act (TILA) once again. But here goes.
Back to Basics, Continued — The Difference Between a Late Fee and Interest April 13, 2022 United States: There is a common misunderstanding with respect to a late fee and interest. Often a contract will provide for a late fee as a contract term for breach of the repayment obligation. Regrettably, the language used too often to express such a fee is ambiguous—that is not stating that it is a contractual late charge. For example, the language may be stated as “1.5% per month for default in payment.”
Back to Basics, Continued — Data Breach Notification, Again April 6, 2022 United States: Two years ago, I wrote about data breach notification requirements. See Back to Basics, Continued—Data Breach Notification. I want to spend a few minutes detailing the sequence of events that may require action on the part of the “covered entity” for a security breach.