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Consumer Financial Services Law Monitor Blog

Articles: 1-10 of 309

Virginia Supreme Court Affirms Forbearance Agreement Did Not Waive Right to Foreclose

USA - December 7 2018 On November 21, in Sweely Holdings LLC v. SunTrust Bank et al., the Supreme Court of Virginia issued an opinion that is beneficial to the mortgage…

FTC Solicits Comments on Red Flags Rule and Card Issuers Rule

USA - December 7 2018 On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that…

Virginia Code Amended to Clarify Post-Foreclosure Eviction Process: Codifies Recovery of Rent from Date of Foreclosure Sale and Allows Recovery of Damages and Attorneys’ Fees

USA - December 5 2018 Effective July 1, 2018, Virginia’s unlawful detainer laws were amended to include new language beneficial to mortgagees and other foreclosure sale…

Third Circuit Court of Appeals Declines to Apply American Pipe Tolling to Class Claims, Claims of Named Plaintiff, and Claims of Named Plaintiff’s Company

USA - December 4 2018 On November 27, the Third Circuit Court of Appeals affirmed a district court’s dismissal of a second putative Telephone Consumer Protection Act class…

National TCPA Class Action Nixed Under Bristol-Meyers Squibb

USA - December 3 2018 A United States District Court in Illinois recently granted a non-resident Defendant’s motion to strike the class definition in a putative nationwide…

Fifth Circuit Affirms District Court’s Decision, Awards No Fees to Plaintiff’s Counsel for Successful FDCPA Claim Due to “Special Circumstances” Exception

USA - November 30 2018 On November 16, the United States Court of Appeals for the Fifth Circuit issued a memorandum opinion in Crystal Davis v. Credit Bureau of the South…

Northern District of California Issues Guidance to Increase Scrutiny of Class Action Settlements

USA - November 30 2018 On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency…

They’re REALLY Coming for Robocalls! FCC Releases Final Draft Proposal Designed to Reduce Robocalls

USA - November 30 2018 Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to…

District of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA

USA - November 29 2018 In Roark v. Credit One Bank, N.A., 2018 U.S. Dist. LEXIS 193252 (D. Minn. Nov. 13, 2018), the District of Minnesota added to the changing landscape…

Debt Collector Not Obligated to Orally Disclose Expiration of Statute of Limitations on Time-Barred Debt

USA - November 28 2018 Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of…