The CFPB and privilege: the fight isn’t over *

USA - January 11 2013
We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012. The law identifies the CFPB as a regulator to whom a…

Co-authors: Daniel J. T. McKenna.

10th Circuit Court of Appeals: MERS can assign deeds of trust; sending letter to lender is insufficient to assert rescission rights under TILA *

USA - August 9 2012
The 10th Circuit Court of Appeals recently affirmed a decision of the U.S. District Court for the District of Utah. In Tadehara v. HSBC Bank USA, N.A., et al., No. 11-4176, 2012 WL 2581037 (10th Cir. July 5, 2012), the 10th Circuit rejected appellants’ argument that assignments made by Mortgage Electronic Registration Systems, Inc., (MERS) of a deed of trust were invalid.

Seventh Circuit affirms denial of class certification under RESPA *

USA - May 10 2012
The Seventh U.S. Circuit Court of Appeals recently affirmed a decision of the Northern District of Illinois that denied class certification under the Real Estate Settlement Procedures Act (RESPA).

American Bankers Association weighs in on proposed policy for credit card complaint data *

USA - February 2 2012
On January 30, 2012, the American Bankers Association delivered a comment letter to the CFPB in which it expressed strong disagreement with the CFPB’s proposed policy statement on “Disclosure of Certain Credit Card Complaint Data“.

Co-authors: Anthony C. Kaye .