Legal Issues in Collections

By David A. Wolfe, Esq. With the passage of the Dodd-Frank legislation in 2010, the Obama administration created the Consumer Financial Protection Bureau, (CFPB), as an independent bureau within the Federal Reserve System for the purpose of implementing and enforcing federal consumer financial law and providing transparency and fairness in consumer financial transactions.  When the…

Lenders and Servicers Use of Record’s Custodian

By Joshua D. Miron, Attorney A recent 4th District Court of Appeal of The State Of Florida (4th DCA) decision addresses a Servicer’s ability to testify to facts derived from a computer system where the individual has no personal knowledge of the information contained therein, and further a Servicer’s ability to testify to facts derived…

Preparing for Questions About CUSO Separateness

By Brian Lauer There are many reasons why a credit union would invest in a Credit Union Service Organization (CUSO) instead of providing the same services directly through the credit union. These reasons may be that the CUSO is a collaboration of several CUSOs to create economies of scale, that it would be too cost…

Collaboration versus Control

By:  Rob “It is amazing how much you can accomplish when it doesn’t matter who gets the credit.” Ironically, I’ve seen this attributed both to Harry S Truman and Winston Churchill. I suspect it’s the former. In any event, the following Twitter exchange inspired this blog post. AmandaLThomas Amanda Thomas In my opinion, @McDonalds really dropped the ball on…