Archives for July 2023

CHANDLER, Ariz — National Credit Adjusters, a Kansas-based debt buyer with branches in Arizona and Jamaica, is proud to share that we held our second annual volunteer day with ICAN, a local non-profit organization that helps support low-income families with free after school and summer day-care and educational programs, on May 19th. 

The ICAN (Imagine, Connect, Achieve, and Network) and NCA teams gathered for a fun afternoon of dodgeball, arts & crafts, playing board games, and other various outdoor activities. This collaborative effort highlights NCA’s effort to both support and shed light on the significance of supporting community organizations throughout its local communities. 

“We’ve been extremely excited and proud of the last two years’ volunteer work with ICAN. The ICAN staff is shorthanded at a 40:1 staff member to child ratio and therefore in need of our continued support. The event has been so rewarding for both the NCA volunteers and ICAN that we are considering multiple events each year going forward. Spending time with underprivileged kids has given the NCA employees a stronger connection with the local community and brought us closer as a working family. We’re all looking forward to the next event!” said Karl Krum, Director of Operations at NCA. 

The Power of Community Organizations

Community organizations such as ICAN are lifelines for individuals and families facing economic challenges. They create safe spaces where low-income families can access critical resources, engage in educational activities, and find the support they need to thrive. By offering free after-school and summer daycare programs, ICAN helps ensure that children receive proper care and education, even in financially constrained circumstances.

Education is a powerful tool that can break the cycle of poverty. ICAN recognizes this and goes beyond daycare services by providing educational programs to children from low-income families. These programs are designed to foster academic growth, encourage creativity, and develop life skills. By supporting community organizations like ICAN, we empower children with the education and resources they need to create a brighter future for themselves.

Volunteering for a Cause

National Credit Adjusters recognizes the power of collective action and the impact it can have on the lives of those in need. By participating in the second annual volunteer day with ICAN, employees and staff aim to demonstrate the importance of lending a helping hand. Volunteering not only provides immediate assistance to community organizations but also fosters a sense of empathy, unity, and purpose among the participants.

Supporting community organizations like ICAN is of utmost importance as they serve as beacons of hope for low-income families. NCA hopes that together with ICAN, we can create lasting change and build a stronger, more inclusive society for everyone in the local community and help inspire those in the global community to come together for a nice afternoon.

NCA wants to give special recognition to the following NCA volunteers for this event: Kay Watkins, Susan Young, Diana Gonzalez, Maureen Gottshall, Margarita Almeida, Mia Hernandez, Maria Kirk, Chris Butler, Chanel Waite, Karl Krum and Michael Ohlund.

About ICAN

ICAN was founded in 1991 by a concerned citizen in Chandler, AZ. Henry Salinas was a humble man who saw gang violence taking over his neighborhood and decided to do something about it. Henry’s initial investment of time and compassion to area teens has blossomed into a full-service youth center whose programs are still free to the community that Henry held so dear, and now impacts youth, teens and their families.  ICAN’s nationally-recognized out-of-school time prevention programming teaches vulnerable youth real-life skills including goal setting, positive decision-making and how to avoid the risky behaviors that are prevalent in the community ICAN serves. ICAN is unique because our programming is offered free of charge to remove the barriers that can prevent low income families from accessing needed services.

About National Credit Adjusters, LLC

National Credit Adjusters has specialized in purchasing and servicing delinquent account receivables since 2002. Their primary area of acquisition is consumer installment and online lending. NCA stays current on industry standards through ongoing research, automation, analytics, and process evaluation. National Credit Adjusters focuses on strong performance while adhering to compliance standards through constant quality training and employee development. Whether purchasing, servicing, or selling debt, NCA conducts all business with respect and fairness. For more information, visit ncaks.com.

On July 3, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed their brief with the U.S. Supreme Court, urging the high court that the CFPB’s independent funding structure is “unprecedented and must be stopped before it spreads without limit.”

 Respondents asked the Court to affirm the U.S. Court of Appeals for the Fifth Circuit’s decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau, where the appellate court found that the Bureau’s “perpetual self-directed, double-insulated funding structure” violated the Constitution’s Appropriations Clause (covered by InfoBytes here and a firm article here). The 5th Circuit’s decision also vacated the agency’s Payday Lending Rule on the premise that it was promulgated at a time when the Bureau was receiving unconstitutional funding.

The Bureau expanded on why it believes the 5th Circuit erred in its holding in its opening brief filed with the Court in May (covered by InfoBytes here), and explained that even if there were some constitutional flaw in the statute creating the agency’s funding mechanism, the 5th Circuit should have looked for some cure to allow the remainder of the funding mechanism to stand independently instead of presuming the funding mechanism created under Section 5497(a)-(c) was entirely invalid. Vacatur of the agency’s past actions was not an appropriate remedy and is inconsistent with historical practice, the Bureau stressed.

In their brief, the respondents challenged the Bureau’s arguments, writing that the “unconstitutionality of the CFPB’s funding scheme is confirmed by both its unprecedented nature and lack of any limiting principle. Whether viewed with an eye toward the past or the future, the threat to separated powers and individual liberty is easy to see.” Disagreeing with the Bureau’s position that the Constitution gives Congress wide discretion to exempt agencies from annual appropriations and that independent funding is not uncommon for a financial regulator, the respondents stated that Congress gave up its appropriations power to the Bureau “without any temporal limit.” The respondents further took the position that the Bureau “can continue to set its own funding ‘forever’” unless both chambers agree and can persuade or override the president. Moreover, because the Federal Reserve Board is required to transfer “the amount determined by the Director to be reasonably necessary to carry out the [CFPB’s] authorities, . . . it ‘foreclose[s] the application of any meaningful judicial standard of review.’”

The respondents also argued that the Bureau’s funding structure is clearly distinguishable from other assessment-funded agencies in that these financial regulators are held to “some level of political accountability” since “they must consider the risk of losing funding if entities exit their regulatory sphere due to imprudent regulation.” Additionally, the respondents claimed that the fundamental flaws in the funding statute cannot be severed, reasoning, among other things, that courts “cannot ‘re-write Congress’s work’” and are not able to replace the Bureau’s self-funding discretion with either a specific sum or assessments from regulated parties.

With respect to the vacatur of the Payday Lending Rule and the potential for unintended consequences, the respondents urged the Court to affirm the 5th Circuit’s rejection of the rule, claiming it was unlawfully promulgated since a valid appropriation was a necessary condition to its rulemaking. “Lacking any viable legal argument, the Bureau resorts to fear-mongering about ‘significant disruption’ if all ‘the CFPB’s past actions’ are vacated,” the respondents wrote, claiming the Bureau “grossly exaggerates the effects and implications of setting aside this Rule.” 

According to the respondents, the Bureau does not claim that any harm would result from setting aside the rule, especially since no one has “reasonably relied” on the rule as it has been stayed and never went into effect. As to other rules issued by the agency, the respondents countered that Congress could “legislatively ratify” some or all of the agency’s existing rules and that only “‘timely’ claims can lead to relief” in past adjudications. Additionally, the respondents noted that many of the Bureau’s rules were issued outside the six-year limitations period prescribed in 28 U.S.C. § 2401(a). This includes a substantial portion of its rules related to mortgage-related disclosure. Even for challenges filed within the time limit, courts can apply equitable defenses such as “laches” to deny retrospective relief and prevent disruption or inequity, the respondents said.

IRVINE and SAN FRANCISCO, Calif., — McGlinchey Stafford is pleased to announce the addition of three litigation attorneys in California. Leslie Fales and Summer Smith join the Enterprise Litigation and Investigations practice group as Of Counsel, and Zeeshan “Zee” Iqbal has joined the Financial Services Litigation practice group as an Associate. Affiliated with McGlinchey’s Irvine office, the attorneys work from various locations in California.

“We are excited for Zee, Leslie, and Summer to add their skills to our litigation capabilities here in California,” said Brian Paino, Managing Member of the Irvine office. “All three will be invaluable assets to our firm and our clients as we continue growing in California and nationwide.”

These three litigators join Michelle McCliman and Kere Tickner, who joined McGlinchey as Members (Partners) in Irvine in early May. Summer and Leslie followed Michelle and Kere from the same previous firm. Elsewhere on the west coast in May, McGlinchey also brought on a group of three attorneys from the former Green Light Law Group based out of Seattle. McGlinchey hired 13 new attorneys firmwide in May alone.

“We are thrilled to welcome Summer and Leslie to the Enterprise Litigation and Investigations group,” said Dan Plunkett, Chair of the firm’s Enterprise Litigation and Investigations Group. “Summer and Leslie have particular experience representing clients in a variety of real estate and insurance-related matters that  will serve our nationwide clients well.”

Leslie Ann Fales will work for McGlinchey remotely in San Francisco. She has more than a decade of experience representing clients in litigation. She resolves complex, high-exposure lawsuits involving wrongful death and catastrophic injuries arising from trucking accidents, motor vehicle collisions, product defects, construction site accidents, and premises liability issues. Leslie has a particular experience defending against claims involving traumatic brain injuries (TBI). She earned her J.D. from the University of San Francisco School of Law and is admitted to practice in California.

Summer M. Smith will also work remotely for McGlinchey in San Francisco. A seasoned attorney with more than 20 years of practice, Summer helps professional and individual clients fulfill their obligations to their clients and members, with a particular focus on representing boards of directors of homeowners associations (HOAs). She also advises in breach of contract and property damage disputes, real property matters, construction defect actions, habitability claims, or common interest development cases. Summer earned her J.D. from the University of the Pacific McGeorge School of Law and is licensed to practice in California.

“We are glad to welcome Zee to our team representing financial institutions nationwide,” said Shaun Ramey, Co-Chair of the firm’s nationwide Financial Services Litigation Group. “His commitment to excellent client service will support our team in implementing strategic legal solutions on behalf of our clients.”

Zeeshan “Zee” Iqbal represents financial services companies in a variety of complex litigation matters. A dedicated litigator with experience managing all aspects of cases from inception to completion, Zee focuses his practice on mortgage lending, automobile finance, insurance defense, and creditors’ rights issues. Zee received his J.D. from Baylor Law School in 2020 and earned a bachelor’s degree in business administration from California State Polytechnic University in 2013. He is licensed to practice in California.

About McGlinchey

McGlinchey Stafford is a premier midsized business law firm offering services in nearly 30 practice areas through a highly integrated national platform. McGlinchey attorneys leverage bold innovation, diverse talent, and leading-edge technology across our powerful network to serve clients at the local, regional, and national level. With 160 attorneys licensed in 33 states, McGlinchey operates from 17 offices nationwide. The firm currently has 18 attorneys and 9 practice areas recognized in Chambers U.S.A. 2023 and Chambers FinTech 2023, and 53 attorneys recognized by Best Lawyers, 40 attorneys recognized in various Super Lawyers rankings, 49 practice areas recognized by Best Law Firms, and was named a “Top Performer” by the Leadership Council for Legal Diversity (LCLD) since 2018. To learn more, visit www.mcglinchey.com.

CINCINNATI, OH – Slovin & Associates, a Cincinnati-based law firm that provides clients with the personal, hands-on accessibility of a small law firm combined with the deep experience of industry veterans, is proud to support Women Helping Women, a service to help those who are recovering from domestic abuse find hope, healing, and empowerment through its confidential services.

Slovin & Associates recently purchased a table at the Women Helping Women’s Journey to Joy 50th Anniversary Celebration event. This remarkable event not only provided the Slovin team with an opportunity to contribute to a cause close to their hearts but also reinforced its commitment to empowering women and advocating for the well-being of their entire community. 

“Women Helping Women is an incredible organization that shines beyond their mission statement,” Randy Slovin, a partner at Slovin & Associates, said. “Every community, even those beyond our Cincinnati offices, is impacted by domestic abuse. The work Women Helping Women does to support, heal, and lift survivors of domestic abuse cannot be understated.”

The Mission of Women Helping Women

Women Helping Women is an esteemed nonprofit organization dedicated to assisting women and families affected by domestic violence, sexual assault, and other forms of gender-based violence. Their mission is to provide comprehensive support, education, and advocacy to empower survivors and promote a safe and healthy community. Through their services, Women Helping Women ensures that survivors receive the care, resources, and tools they need to heal and thrive.

Domestic violence and sexual assault are deeply troubling issues that affect countless individuals. Slovin & Associates recognizes the urgent need to address these issues and support those affected by providing them with a safe space and the means to rebuild their lives. Women Helping Women aligns perfectly with its values, offering a comprehensive range of services to survivors, including crisis intervention, emergency shelter, counseling, legal advocacy, and support groups. By participating in the Women Helping Women Annual Recognition Dinner, the Slovin team stands alongside survivors, providing a tangible display of support and solidarity.

Building a Stronger Community

A community thrives when its members come together to uplift and support one another. By supporting organizations like Women Helping Women, Slovin & Associates actively participates in building a stronger and safer community. Slovin & Associates firmly believes that everyone deserves to live a life free from violence and fear, and it is our collective responsibility to make that vision a reality. Through its support, Slovin & Associates strives to inspire other individuals and organizations to join the cause, creating a ripple effect of positive change within the greater global community.

Learn More Online

To discover more about how Women Helping Women has helped over 7,700 survivors of domestic abuse and has provided over 28,000 service events, visit their website. To learn more about how Slovin & Associates has impacted its local community, visit its News page. 

About Women Helping Women

Women Helping Women (WHW) is a 501(c) 3 organization founded in 1973 to serve women and men who are survivors of sexual assault, domestic violence and stalking in Southwestern Ohio. “For 45 years now, we have heeded a call to serve our community with expertise and compassion. All of our services are 100% at no cost to survivors and youth receiving prevention services.”

About Slovin & Associates

Slovin & Associates, Co., LPA aims to achieve the highest rating for creditor’s rights law firms in Ohio, Kentucky, and Indiana by obtaining expeditious and cost-efficient results in a professional and low-maintenance environment for our clients in the fields of collections, commercial and consumer litigation, bankruptcy, leasing and landlord-tenant law, and Fair Debt consulting.