Seventh Circuit affirms “clear trend” against RESPA Section 8 class actions *

USA - June 4 2012
Perhaps signaling an increased unwillingness of courts to certify putative class actions premised on alleged violations of Section 8 of the Real Estate Settlement Procedures Act (RESPA), the Seventh Circuit Court of Appeals affirmed the district court’s denial of class certification where plaintiffs alleged a title insurer made illegal kickbacks to real estate attorney title agents in violation of both RESPA (12 U.S.C.§ 2607) and the Illinois Consumer Fraud Act.

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Voluntary dismissal of underlying state case moots federal appeal *

USA - November 21 2011
In a matter of first impression, the Tenth Circuit Court of Appeals held that plaintiffs’ voluntary dismissal of its class action in state court rendered moot defendants’ appeal of the district court’s remand order.

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Third Circuit: TCPA does not divest federal court of jurisdiction under CAFA *

USA - August 18 2011
In Landsman & Funk PC v. Skinder-Straus Associates, a split Third Circuit Court of Appeals panel on a consolidated appeal of three class actions held that the Class Action Fairness Act (CAFA) provides diversity jurisdiction over plaintiffs’ private Telephone Consumer Protection Act (TCPA) claims.

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Communication from debt collector to consumer’s attorney may be actionable under the FDCPA *

USA - May 17 2011
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using "unfair or unconscionable means to collect or attempt to collect debt," including the collection of amounts not "expressly authorized by the agreement creating the debt or permitted by law."

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Reliance on Treasury Department’s report no defense to FCRA violation *

USA - March 30 2011
In a case of first impression, the Third Circuit Court of Appeals affirmed a decision holding a credit reporting agency liable for violations of the Fair Credit Reporting Act (FCRA).

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