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1
Virginia Supreme Court Affirms Forbearance Agreement Did Not Waive Right To Foreclose
On November 21, in Sweely Holdings LLC v. SunTrust Bank et al., the Supreme Court of Virginia issued an opinion that is beneficial to the mortgage industry in Virginia because it upheld a bank's right
United States
13 Dec 2018
2
Third Circuit Court Of Appeals Declines To Apply American Pipe Tolling To Class Claims, Claims Of Named Plaintiff, And Claims Of Named Plaintiff's Company
On November 27, the Third Circuit Court of Appeals affirmed a district court's dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply.
United States
10 Dec 2018
3
BCFP Argues Nonjudicial Foreclosure Is Not Debt Collection Under FDCPA In Amicus Brief Before U.S. Supreme Court
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court ...
United States
7 Dec 2018
4
Fifth Circuit Affirms District Court's Decision, Awards No Fees To Plaintiff's Counsel For Successful FDCPA Claim Due To "Special Circumstances" Exception
Generally, a successful judgment for a violation of the FDCPA allows for an award of attorney's fees for the consumer's counsel.
United States
5 Dec 2018
5
District Of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA
The Court first considered whether the calls were made using an ATDS.
United States
5 Dec 2018
6
District Court Rejects Argument That Pharmacy Prescription Calls Are Protected By TCPA Emergency Purposes Exception
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018),
United States
3 Dec 2018
7
Debt Collector Not Obligated To Orally Disclose Expiration Of Statute Of Limitations On Time-Barred Debt
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer?
United States
30 Nov 2018
8
Federal Judge Grants Summary Judgment In Favor Of Debt Collector In TCPA, FDCPA Case Over Calls To Reassigned Number
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or "ATDS," for purposes of liability under the Telephone Consumer Protection Act?
United States
30 Nov 2018
9
Seventh Circuit Holds That Borrower Failed To Show Harm Caused By Servicer's QWR Response
In November 2012, a Wisconsin state court entered a foreclosure judgment against Terrence Moore due to his longstanding payment default on a mortgage serviced by Wells Fargo.
United States
29 Nov 2018
10
Eleventh Circuit Affirms Dismissal Of Consumer's FDCPA Claim For Failing To State A Plausible Claim For Relief
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama's dismissal of a consumer's claim under § 1692g of the Fair Debt Collection Practices Act...
United States
26 Nov 2018
11
Lender's Requirement Of Dispute-Free Credit Report Does Not Violate ECOA
The Eastern District of Wisconsin issued a ruling dismissing an Equal Credit Opportunity Act case that asserted a novel claim regarding discrimination by a lender in requiring that the applicant...
United States
26 Nov 2018
12
Court Grants Summary Judgment To Defendant In TCPA Case Involving Reassigned Telephone Number
A Minnesota District Court judge granted summary judgment on November 13 in favor of the defendant in Roark v. Credit One Bank, N.A., a Telephone Consumer Protection Act lawsuit...
United States
26 Nov 2018
13
FERC Directs Briefing On Application Of New ROE Methodology
On October 15, 2018, FERC issued two orders involving rate of return on equity ("ROE"): the first was an order directing parties in two proceedings involving the base ROE ...
United States
26 Nov 2018
14
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
21 Nov 2018
15
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
20 Nov 2018
16
Supreme Court To Weigh In On FCC Deference In TCPA Junk Fax Case
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC's legal interpretation of the Telephone Consumer Protection Act.
United States
20 Nov 2018
17
Closely Watched Credit Card Surcharge Litigation Back In Second Circuit For Constitutional Review
Some merchants prefer their customers to pay for their purchases with cash so they can avoid transaction fees associated with credit card purchases.
United States
19 Nov 2018
18
Litigation Funding – Opportunities Abound For Private Equity Firms Looking to Diversify
Most of us have a general understanding of what "litigation financing" means.
United States
16 Nov 2018
19
Delaware Enforces Full Waiver Of Fiduciary Duties
Limited liability companies ("LLCs") in Delaware and most other states have the option to specify in their operating agreements that their managers owe no fiduciary duties to other members or the company.
United States
16 Nov 2018
20
Supreme Court Examines Limits Of Cy Pres Disbursements In Class Action Lawsuits
On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.
United States
15 Nov 2018
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