Prevailing Debt Collector Can Recover Costs In FDCPA Suit Without A Finding Of Bad Faith

In what some have characterized as a defeat for the Consumer Financial Protection Bureau (CFPB), the United States Supreme Court has ruled that a prevailing defendant in a FDCPA suit can recover costs without having to show that the suit was filed in bad faith or for the purpose of harassment. This decision not only represents a rejection of the position that was taken by the CFPB and the FTC in a jointly filed amicus brief, but it should also serve to discourage frivolous nuisance suits claiming violations of the FDCPA. Continue reading

U.S. District Court holds that homeowners do not have a claim of entitlement to a HAMP loan modification

The U.S. District Court for the District of Minnesota recently held that homeowners in default of their mortgage loan obligations “do not have a legitimate claim of entitlement to a loan modification” under the federal government’s Home Affordable Modification Program (HAMP). Williams v. Geithner, __ F.Supp.2d __ (D. Minn. Nov. 9, 2009).