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Seventh Circuit adopts strict FDCPA interpretation

  • Michael Best & Friedrich LLP
  • -
  • USA
  • -
  • March 19 2014

Entities engaged in debt collection must be careful in seeking to collect on old debt - dunning letters could now be found misleading if the debtor

Third-party claims under the Fair Debt Collection Practices Act

  • Spencer Fane Britt & Browne
  • -
  • USA
  • -
  • February 12 2014

A recent decision from the Seventh Circuit reminds creditors, including banks, that the provisions of the Fair Debt Collection Practices Act (the

Thoughts on the most recent Delaware decisions: part I issues for controlling shareholders, special committees, and investment bankers

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • April 11 2014

The recent Delaware decisions in Orchard and MFW have been characterized by some as "gamechanging" for controlling shareholders and boards. Our view

Thoughts on the most recent Delaware decisions: part II guidelines for controlling shareholders, special committees, and investment bankers

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • April 14 2014

Recent Delaware court decisions underscore the importance of adherence to well-established practices and procedures by all participants in

Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency

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

Nevada federal court affirms FTC’s authority over tribal payday lending businesses

  • BuckleySandler LLP
  • -
  • USA
  • -
  • March 21 2014

On March 19, the FTC reported that the U.S. District Court for the District of Nevada held that the FTC Act "grants the FTC authority to regulate

Effective compliance program helps investment bank avoid FCPA criminal charges

  • Baker & McKenzie
  • -
  • USA
  • -
  • May 14 2012

When a former Morgan Stanley Managing Director pled guilty recently to a criminal violation of the U.S. Foreign Corrupt Practices Act ("FCPA"), the effectiveness of the bank's pre-existing anti-corruption compliance program convinced enforcers at the U.S. Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC") not to charge the bank itself

Second Circuit provides guidance on forward-looking statements

  • Hogan Lovells
  • -
  • USA
  • -
  • June 18 2010

The U.S. Court of Appeals for the Second Circuit recently ruled in Slayton v. American Express Co. that forward-looking statements by American Express regarding anticipated losses on its high-yield debt investments were protected by the safe harbor from antifraud liability afforded to such statements by the Private Securities Litigation Reform Act of 1995 (PSLRA

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