We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Follow

The Consumer Financial Services Blog Blog

Articles: 1-10 of 203

9th Cir. Reverses Summary Judgment on TCPA Allegations Creditor Ratified Contractor’s TCPA Violations

USA - April 11 2019 The U.S. Court of Appeals for the Ninth Circuit recently reversed a summary judgment award in favor of a student loan buyer, holding that triable…

9th Cir. Holds GSE Is Not ‘Consumer Reporting Agency’ Under FCRA

USA - April 8 2019 The U.S. Court of Appeals for the Ninth Circuit recently held that a government sponsored enterprise (“GSE”) that licensed underwriting software to…

SCOTUS Vacates Class Action Settlement Citing Spokeo

USA - April 5 2019 The Supreme Court of the United States recently vacated the U.S. Court of Appeals for the Ninth Circuit’s approval of a class action settlement…

1st Cir. Rejects Challenges to Arbitration of Putative Class Action

USA - April 3 2019 The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a putative class action lawsuit that challenged the company’s…

2nd Cir. Holds FDCPA Does Not Require Itemization of ‘Amount of the Debt’

USA - March 29 2019 The U.S. Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his…

SD Fla. Denies FDCPA Class Certification Due to Individual Issues of ‘Actual Damages’

USA - March 27 2019 The U.S. District Court for the Southern District of Florida recently denied a consumer’s motion for class certification in a putative class action…

U.S. Supreme Court Holds FDCPA Has Extremely Limited Applicability to Persons Engaging in Nonjudicial Foreclosure Proceedings

USA - March 21 2019 The U.S. Supreme Court handed down its much-anticipated opinion in Obduskey v. McCarthy & Holthus LLP on March 20, ruling the federal Fair Debt…

6th Cir. Rules Ohio Amendment on Defective Mortgage Executions Did Not Bar Bankruptcy Trustee’s Avoidance Action

USA - March 20 2019 The U.S. Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a…

5th Cir. Holds No ‘Detrimental Reliance’ Exception to Unilateral Withdrawal of Acceleration Notice

USA - March 18 2019 The U.S. Court of Appeals for the Fifth Circuit recently held that Texas law contains no detrimental reliance exception to a lender’s unilateral…

7th Cir. Holds Erroneously Recorded Satisfaction May Be Unilaterally Cancelled and Withdrawn

USA - March 15 2019 The U.S. Court of Appeals for the Seventh Circuit recently held that a mortgagee could unilaterally cancel an erroneously recorded satisfaction of…