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The Risks of Assembling Consumer Information

USA - June 6 2019 In a case of first impression in its circuit, the Second Circuit held that a business may not be liable under the Fair Credit Reporting Act (FCRA) for…

RESPA is a Shield, Not a Sword

USA - April 29 2019 In a case of first impression, the Fifth Circuit held that a defendant is not required to plead as an affirmative defense under the Real Estate…

Loan Servicers’ Obligation to Maintain Appropriate Database Systems

USA - April 8 2019 The background to the Eleventh Circuit’s decision in Marchisio v. Carrington Mortgage Services, LLC…

Lender’s Non-Liability for a Servicer’s RESPA Violation

USA - February 7 2019 In a first, a federal circuit court rules a lender cannot be held liable for a servicer’s RESPA violation. A borrower who took out a home equity loan…

In a Case of First Impression, the Ninth Circuit Begins to Unravel the Mystery of When a Claim to Enforce a Rescission Request under TILA May be Time-Barred

USA - February 4 2019 Editor’s Note: Our good colleagues at BankBCLP are always at the forefront of matters of concern to the banking and financial services community; this…