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Leah Dempsey
ACA International
Washington, DC
Leah Dempsey has a career marked by success as an advocate for the financial services industry, committed to advancing their priorities at the Consumer Financial Protection Bureau, the Federal Communications Commission, other federal agencies, and on Capitol Hill. Dempsey was recognized by The Hill as a Top Lobbyist in 2020 noting that, “The ranks of policy experts and influencers run deep in Washington, but these are the people who stand out for delivering results for their clients in the halls of Congress and in the administration.”
In her role as Vice President and Senior Counsel for Federal advocacy at ACA International, Dempsey leads efforts to develop and implement ACA’s federal advocacy agenda in Washington, DC. She writes and speaks frequently about the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, Unfair Deceptive Abusive Acts and Practices, and federal rules and legislation impacting the ac
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A federal judge in Virginia recently denied dismissal of a plaintiff’s claim that a defendant noteholder and his attorneys violated the Fair Debt Collection Practices Act (FDCPA) by including a demand for payment of attorneys’ fees when the promissory note only allowed the payment of such fees upon the loan’s maturity.
The plaintiff had obtained a loan from the defendant noteholder in order to buy a property. The loan was evidenced by a purchase money note which included several line-item conditions, including one which required the plaintiff to pay the noteholder’s attorney’s fees and 20 percent of the amount then due on the note upon his default. On the day he obtained the loan, the plaintiff also signed (1) a deed of trust to secure the note, which was recorded in the public land records and became a lien on the home; and (2) a deed in lieu of foreclosure. The plaintiff defaulted on the loan and receive
Federal Activities:
On May 7, the Federal Reserve Board invited public comment on proposed changes to Regulation II (debit card interchange fees and routing) to clarify that debit card issuers should enable and allow merchants to choose from at least two unaffiliated networks for card-not-present debit card transactions, such as online purchases. Additionally, the proposed revisions would clarify the responsibility of the debit card issuer. For more information, click
On May 6, the Federal Housing Administration announced new amendments to nonborrowing spouse provisions for the Home Equity Conversion Mortgage (HECM) program, implementing additional protections for spouses involved in a government-sponsored reverse mortgage. The agency details that while HECM mortgagees can begin using the new procedures immediately for all new HECMs, those electing not to do so must implement the new procedures by September 3 or 120 days after the publication of the new mortgagee letter. For more
In
Uvaldo v. Germain Law Office PLC, an Arizona
District Court denied a plaintiff s motion for partial judgment
on the pleadings in a Fair Debt Collection Practices Act case. In
its holding, the court emphasized that the expectation that a car
purchaser would read a collection letter and know that he/she is a consumer subject to the consumer debt listed therein,
is not inconsistent with the least sophisticated debtor
standard.
In that case, the plaintiff defaulted on making payments for her
vehicle and after the vehicle seller repossessed and resold the
vehicle, the defendant was retained to collect the remainder of the