Debt Collection Companies Banned from Business by CFPB and NYAG
The CFPB and Attorney General of New York recently resolved litigation with several New York-based consumer debt collection companies that did business together for alleged... Read More
Litigation Developments
Finding No Article III Standing to Sue, 7th Circuit Upholds Dismissal of Blind Plaintiff’s Lawsuit Against Credit Union for Alleged ADA Violation
Finding that a blind plaintiff lacked standing to sue, the Seventh Circuit recently issued an opinion upholding a district court’s dismissal of a lawsuit against... Read More
Nevada Supreme Court: HOA Failed to Provide Notice of Default to Foreclose Superpriority Lien
The Supreme Court of the State of Nevada recently vacated and remanded a judgment of a district court holding that a lien foreclosure sale extinguished... Read More
SCOTUS: Auer Deference Stays Alive Despite Narrow Application
In a splintered 5-4 decision, the U.S. Supreme Court recently declined to overrule its prior precedent in Auer v. Robbins,519 U.S. 452 (1997), in which... Read More
4th Circuit Finds Lenders Entitled to Tribal Sovereign Immunity
A panel for the U.S. Court of Appeals for the Fourth Circuit recently found that two lending entities affiliated with the Lac Vieux Desert Band... Read More
Phantom Debt Brokers and Collectors Settle FTC and New York AG Charges
The U.S. District Court for the Western District of New York recently issued orders against two New York-based phantom debt operations and their principals, resolving... Read More
Supreme Court Declares Private Commercial and Financial Information “Confidential” Under FOIA Exemption 4
The Supreme Court recently ruled that when commercial or financial information is treated as private by its owner and is provided to the government under... Read More
3rd Circuit: Each Payment Violates RESPA, Starts New Limitations Period
The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a RESPA class action against a national bank, holding that the... Read More
At FTC’s Request, District Court Imposes $8.9 Million Judgment on Operators of Newspaper Subscription Scheme
U.S. District Court for the District of Oregon recently issued an order that implemented a nationwide injunction against several corporate and individual defendants for their... Read More
9th Circuit Holds Federal Debt Collection Exception to TCPA Unconstitutional
The U.S. Court of Appeals for the Ninth Circuit recently (i) affirmed that court’s broad definition of an automatic telephone dialing system (ATDS) under the... Read More
U.S. Government Settles FCA Suit Against Mortgage Lender for $32.5 Million
A large national mortgage lender has reportedly agreed to pay the U.S. government $32.5 million in order to settle a False Claims Act lawsuit against... Read More
9th Circuit: FTC Can Get Injunction in Court Without Showing Irreparable Harm
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a preliminary injunction freezing assets and prohibiting defendants from engaging in certain business practices... Read More
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