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Today's Trends in Credit Regulation

Welcome to Hudson Cook Insights - a collection of articles written each month by the attorneys of Hudson Cook, LLP, in an effort to keep their clients and other compliance professionals informed about current trends and developments in consumer credit finance that will affect the way they do business.

May 2018

CFPB Files Amicus Brief in Support of Debtor in FDCPA Case

By Anastasia V. Caton

On April 25, 2018, the Consumer Financial Protection Bureau filed its first amicus brief under Acting Director Mulvaney in the case of Lavallee v. Med-1 Solutions, LLC, 2017 U.S. Dist. LEXIS 162508 (S.D. Ind. September 29, 2017). The case, which is before the U.S. Court of Appeals for the Seventh Circuit, involves a debtor's claim that a debt collector failed to send her the debt validation notice required by the Fair Debt Collection Practices Act. article continued

Seventh Circuit Reinstates Data Breach Lawsuit Against Barnes & Noble

By Michael A. Goodman and Kavitha J. Subramanian

The U.S. Court of Appeals for the Seventh Circuit has revived a class action lawsuit against the retailer Barnes & Noble, allowing consumers to continue to pursue claims arising from a data breach in 2012. Judge Frank Easterbrook delivered the unanimous opinion of the three-judge panel, holding that the trial court improperly dismissed the plaintiffs' claims based on a failure to prove damages. article continued

Borders, Branches, and Behavior: Dispelling Myths about Scope of General Data Protection Regulation

By Webb McArthur

By now, you've likely heard about "the GDPR," the European Union's new data protection law that became effective on May 25, 2018. The General Data Protection Regulation replaces an older EU law and, in addition to imposing new requirements on entities that process personal data, the regulation has a broader territorial scope than the old law. article continued

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