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Missouri Court Finds that Overdraft Fees are Money Well Spent
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • May 17 2017

Last month the Court of Appeals for the Western District of Missouri held that a Missouri Bank’s overdraft fee charged as part of its overdraft


Delaware’s No-Usury-Cap Rule Deemed Unenforceable as Contrary to New York Public Policy in FDCPA Class Action
  • K&L Gates
  • USA
  • April 3 2017

The Southern District of New York recently refused to enforce Delaware’s no-usury-cap rule in a long-running Fair Debt Collection Practices Act


New York Case Is a Win for the Merchant Cash Advance Industry
  • Pepper Hamilton LLP
  • USA
  • March 31 2017

Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not


Recent Jurisprudence - Penalty Interest and Usury in Promissory Notes
  • Cacheaux Cavazos & Newton LLP
  • Mexico
  • January 24 2017

Recently, the First Chamber of the Supreme Court of Justice of the Nation issued legal opinion by contradiction number 1a.J. 542016(10a.) titled:


Complaint Against New York Life Dismissed in Action Testing Application of California’s Usury Laws
  • Carlton Fields
  • USA
  • December 22 2016

In a recent ruling, Lujan v. New York Life Insurance Company, a federal judge in the Northern District of California rejected the plaintiffs’ claim


CD Calif. Holds Non-Bank Not ‘True Lender’ on Allegedly Usurious Loans Extended in Name of Bank
  • Maurice Wutscher LLP
  • USA
  • October 15 2016

The U.S. District Court of the Central District of California recently dismissed a borrower’s putative class action complaint against a non-bank that


The Marketplace Lending Industry Sneezes and Securitization Catches a Cold - Bad Law in the Madden Decision
  • Dechert LLP
  • USA
  • August 22 2016

For the past year or so, Dechert has been keeping a close eye on the marketplace lending industry and the tension between innovation, which portends


Usury Update from Québec Court
  • McCarthy Tétrault LLP
  • Canada
  • July 25 2016

It is now settled law that application fees and similar charges are considered when calculating interest for purposes of offences under Canada’s


Supreme Court Declines Review of Controversial Second Circuit Loan Purchase Decision
  • Nutter McClennen & Fish LLP
  • USA
  • July 13 2016

The United States Supreme Court recently declined to review the Second Circuit’s controversial opinion in Madden v. Midland Funding. As a result


Madden Uncertainty Remains for Secondary Loan Market
  • White & Case LLP
  • USA
  • July 8 2016

The US Supreme Court last week delivered another blow to the unsteady secondary loan market industry by denying a request for certiorari in an