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

Foley & Lardner LLP
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USA
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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
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USA
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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

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

Ninth Circuit affirms dismissal of RESPA claim for overcharges

Foley & Lardner LLP
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USA
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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

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

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

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"

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

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

New TILA rescission defense?

Foley & Lardner LLP
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USA
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February 15 2010

The U.S. District Court in Arizona may have launched a new defense to a rescission claim based on failure to give two copies of a right to cancel

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