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Results: 1-10 of 174

TILA does not require a loan servicer to identify the loan’s owner

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • December 31 2012

The Ninth Circuit recently sided with a loan servicer who was sued by a borrower for failing to provide him with the loan owner's information. In Gale v

Cordray renominated as Bureau’s director, but court ruling jeopardizes his recess appointment and Bureau’s powers

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 25 2013

It's been the best of times and the worst of times for Richard Cordray this week. First, President Obama renominated Cordray to be the Consumer

SEC promulgates its affiliate marketing rule

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • October 5 2009

The SEC recently adopted Regulation S-AM (Regulation), in order to implement Section 624 of the Fair Credit Reporting Act (amended by Section 214 of the Fair and Accurate Credit Transactions Act of 2003

Senator Shelby's CFPA proposals and a televised negotiation?

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • March 10 2010

In yet another twist in the debate over the CFPA, Republican Senator Richard Shelby has reportedly offered two proposals to Senator Dodd

Federal Reserve issues Credit Card Act regulations

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 13 2010

The Federal Reserve Board issued final rules yesterday amending Regulation Z and implementing certain provisions of the Credit Card Accountability and Disclosure Act of 2009

Supreme Court watch: Jerman v. Carlisle

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 5 2010

On January 13, 2010, the Supreme Court heard arguments in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, a case that will have a far reaching impact on the bona fide error defense in the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. 1692 92p, as well as attorneys’ obligations while collecting debts

Elimination of preemption could create 50 mini CFPAs

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 8 2010

Senator Chris Dodd’s decision to retire from politics has caused many to conclude that he will not have sufficient clout to assure the creation of a Consumer Financial Protection Agency

Ninth Circuit affirms dismissal of RESPA claim for overcharges

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • March 10 2010

The Ninth Circuit affirmed the dismissal of a purported class action under the Real Estate Settlement Procedures Act ("RESPA") because the plain language of RESPA does not apply to the practice of "overcharging," as well as the dismissal of three state law claims that are preempted under the National Bank Act

Senator Barney Frank fires back at “inaccuracies”

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 26 2010

Senator Barney Frank, chair of the House Financial Services Committee ("FSC"), has issued a memorandum to the members of the FSC addressing certain issues raised by various news publications

Third Circuit sidesteps strict liaiblity argument for “excessive” title insurance fees under TILA

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • November 13 2009

Yesterday, in In re Madera, the United States Court of Appeals for the Third Circuit rejected the appellants' claim that the Truth in Lending Act ("TILA") requires lenders to disclose title insurance fees if the amount charged is higher than the prevailing rates set forth in the Manual of Title Insurance Rating Bureau of Pennsylvania ("TIRBOP Manual"), finding that the appellants had failed to raise an issue of fact on summary judgment

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