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USA - January 17 2013
Today, the CFPB issued final rules amending Regulation X (Real Estate Settlement Procedures Act ("RESPA")) and Regulation Z (Truth in Lending Act…
USA - December 13 2012
For banks operating in Florida (or other jurisdictions with similar provisions regarding security procedures for payment orders), the Eleventh Circuit has recently issued an opinion that may call into question the validity of existing security procedures and the corresponding applicability of the safe-harbor risk shifting provision of Fla. Stat. §670.202.
USA - June 18 2012
In a recent decision, the Tenth Circuit upheld TILA §1635(f) as a statute of repose that acts to extinguish the right of a consumer to claim the affirmative defense of rescission three years after the consummation of a loan transaction.
USA - March 3 2011
In Castro v Collecto, Inc, No 09-50975, 2011 WL 651921 (5th Cir Feb 24, 2011), the Fifth Circuit affirmed the dismissal of the plaintiffs' Fair Debt Collections Practices Act ("FDCPA") claims, holding that the two year statute of limitations under the Federal Communications Act ("FCA") did not preempt the four year Texas statue of limitations period for the collection of mobile services debts.
USA - August 24 2010
In Carvalho v. Equifax Information Services, LLC, No. 09-15030, 2010 W.L. 3239477 (9th Cir., Aug. 18, 2010), the Ninth Circuit affirmed a lower court’s grant of summary judgment dismissing Plaintiff’s claims under the California Consumer Credit Reporting Agencies Act (“CCRAA”).
