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

Foley & Lardner LLP
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USA
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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

Class action suit filed against Citibank over increased annual percentage rates

Foley & Lardner LLP
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USA
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November 27 2009

On Tuesday, a putative class of plaintiffs filed a Complaint in the federal district court of Rhode Island against Citibank, alleging that Citibank is illegally raising annual percentage rates ("APRs") before the effective date of the Credit Card Account and Responsibility and Disclosure Act of 2009 ("Credit CARD Act"

First Circuit affirms dismissal of TILA claim based on end-of-month APR increase; circuit split remains

Foley & Lardner LLP
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USA
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November 27 2009

The First Circuit Court of Appeals has affirmed the District Court of Massachusetts dismissal of a putative class action raising claims under the Truth in Lending Act (TILA) and Massachusetts unfair or deceptive trade practices law

Supreme Court watch: Jerman v. Carlisle

Foley & Lardner LLP
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USA
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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

Fourth Circuit confirms writings trump oral representations

Foley & Lardner LLP
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USA
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January 21 2010

The Diazs owned a home in Fairfax County, Virginia which they financed through Bank of America

Class action certified in adjustable rate mortgage case

Foley & Lardner LLP
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USA
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January 26 2010

The United States District Court for the Northern District of California just certified a nationwide class of individuals who obtained option ARM loans from U.S. Financial Funding

Seventh Circuit remands class action dispute over credit dispute to district court

Foley & Lardner LLP
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USA
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January 26 2010

Today, the Seventh Circuit issued an opinion holding that even though some class members' claims lack federal jurisdiction, the district court must consider whether it has jurisdiction over the remaining members' claims under the Class Action Fairness Act ("CAFA"

Seventh Circuit affirms district court’s reduced fee award in FDCPA case

Foley & Lardner LLP
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USA
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January 24 2010

Robert Duff began representing James and Christy Gastineau approximately three years after they filed suit in the Southern District of Indiana raising Fair Debt Collection Practices Act ("FDCPA") claims

The First Circuit confirms FCRA private right of action against furnishers of credit information

Foley & Lardner LLP
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USA
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February 10 2010

Wen Chiang succeeded on the law but failed on the facts in his Fair Credit Reporting Act claim against Verizon

Exercise care when suing debtors during the FDCPA validation period

Foley & Lardner LLP
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USA
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February 10 2010

Filing a collection lawsuit during the 30-day debt validation period can get a collector in hot water unless he is really careful