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UDAAP council weekly UDAAP Standards Report - 120314

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • December 3 2014

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards

Sixth Circuit holds that mortgage foreclosure and foreclosure lawyers are subject to the FDCPA

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 1 2013

The U.S. Court of Appeals for the Sixth Circuit recently held that mortgage foreclosure actions are "debt collection" under the Fair Debt Collection

Taking a security interest in a closely held business

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business

A word of caution to co-guarantors: do not assume you will be reimbursed for partial payments of a common liability

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • January 24 2011

Suppose you are one of multiple individual owners of a company, and you all agreed to guarantee the company's loan from a bank

M & A quarterly - 1st quarter 2014

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • April 22 2014

When drafting and bargaining for an earn-out provision, to help ensure that the target company will achieve the post-closing financial performance

The recent ruling confirming the FTC’s authority to sue companies for cybersecurity failures: why this matters to the financial services industry

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 16 2014

For more than a decade, the Federal Trade Commission ("FTC") has investigated companies for maintaining what the FTC believes are unreasonable data

Federal district court holds that FCRA statutory damage provision is unconstitutionally vague and violates due process

  • Locke Lord LLP
  • -
  • USA
  • -
  • July 29 2008

Willful violations of the Fair Credit Reporting Act (FCRA) can be punished with statutory damages of between $100 and $1,000, and potentially punitive damages, even where no actual damages are shown

Corporate officers and personal liability: watch what you sign

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 19 2011

Although a company is legally considered enough of a “person” to apply for a loan or enter into another type of contract, an actual human being usually an officer or partner has to sign his or her name to the document

Class action lawsuits proliferate in wake of holding that ZIP code collection violates California's Song-Beverly Credit Card Act

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 17 2011

Any franchisee or retailer in California that collects ZIP code information in connection with credit card transactions should cease doing so immediately

Retailer fights back against $13.3 million in PCI data breach fines

  • Governo Law Firm LLC
  • -
  • USA
  • -
  • June 4 2013

A global retailer's recent lawsuit is the first to challenge fines assessed by credit card companies under the Payment Card Industry Data Security