9th Circuit Vacates CFPB’s $8 Million Judgment Against Mortgage Service Telemarketer
The U.S. Court of Appeals for the Ninth Circuit recently vacated an $8 million judgment it had obtained against a mortgage service telemarketer so that... Read More
Litigation Developments
Judge Dismisses $400 Million False Claims Act Suit Based on Public Disclosure
Recently, a New York federal judge dismissed an FCA suit, filed by a private party on behalf of the FDIC through a civil qui tam... Read More
Accountant Sues PCAOB, Claims Disciplinary Proceedings Unconstitutional
On January 19, 2023, an anonymous accountant filed a lawsuit against the Public Company Accounting Oversight Board, alleging its disciplinary power was unconstitutionally established by... Read More
Federal Court Permits Overdraft and ATM Fees Class Action Claims to Proceed
The U.S. District Court for the Northern District of New York recently denied, in large part, a credit union’s motion to dismiss, permitting a class... Read More
DOJ and Social Media Company Agree to New Advertisement Delivery System
The DOJ recently announced that a new advertisement delivery system developed by a multinational social media company is compliant with a July 2022 settlement agreement... Read More
“Loan Alternative” Program Challenged by State Attorneys General
The Attorneys General of Massachusetts, Florida, and Pennsylvania recently filed lawsuits under their states’ respective consumer protection statutes challenging a cash advance program marketed by... Read More
SDNY Judge Stays CFPB Suit Pending SCOTUS Action
A New York federal judge recently stayed a Consumer Financial Protection Bureau enforcement action pending the U.S. Supreme Court’s review of a certiorari petition in... Read More
Missouri Federal Court Dismisses FDIC Constitutional Challenge
Last week, the U.S. District Court for the Eastern District of Missouri denied a plaintiff’s attempt to enjoin an FDIC enforcement proceeding against him. The... Read More
DOJ Reaches $31 Million Redlining Settlement with National Bank
The DOJ recently filed a complaint and proposed consent order with a large national bank in the U.S. District Court for the Central District of... Read More
CA Agricultural Companies Agree to Settle PPP False Claims Act Suit
An owner and his four California agricultural companies recently agreed to settle, for approximately $600,000, False Claims Act (FCA) and Financial Institutions Reform, Recovery and... Read More
CA Supreme Court Declines to Review Case Invalidating Lender Default Interest Provision
The California Supreme Court recently declined to review a Court of Appeal opinion holding that under California law “liquidated damages in the form of a... Read More
Federal District Court Grants Injunction in Loan Officer Poaching Case
Recently, the District Court for the Northern District of Illinois issued a preliminary injunction against a nationwide mortgage lender requested by its competitor, a California-based... Read More
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