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NY State Senate Passes Foreclosure Abuse Prevention Act

USA - May 10 2022 On May 3, the New York State Senate passed S5473D (Bill), which will apply immediately in all actions “in which a final judgment of foreclosure and…

Joseph M. DeFazio, Ethan G. Ostroff

Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

USA - February 25 2022 On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real…

Kim R. Gershen, Kathleen M. Knudsen, John C. Lynch, Allison A. Melton, S. Mohsin Reza, Gillian Williston

Recent Amendments to West Virginia Consumer Credit Protection Act Signal a Move to Level the Playing Field

USA - May 26 2021 On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The…

David N. Anthony, David Asbury, Megan Burns, Kim R. Gershen

Eleventh Circuit Throws Debt Collectors Under the FDCPA Bus for Sharing Account Information with Letter Vendors

USA - May 5 2021 In a panel decision on April 21, the Eleventh Circuit held that a consumer had standing to bring a claim under the Fair Debt Collection Practices…

Leah Tedford, Kathleen M. Knudsen, John C. Lynch, Ethan G. Ostroff

MOSLA Claim Cannot Be Predicated on Underlying RESPA Claim When No Injury Exists

USA - March 11 2021 The U.S. Court of Appeals for the Eighth Circuit held that a claim based on an alleged violation of the Minnesota Mortgage Originator and Servicer…

Jon S. Hubbard, John C. Lynch, Andrew Pittman