11th Circuit Holds Motion to Reschedule Foreclosure Sale Does Not Violate RESPA
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a RESPA and FDCPA action against a mortgage servicer, determining that... Read More
Litigation Developments
9th Circuit: Plaintiff Inadvertently Assists Defendant in Curing Jurisdiction Issue
On May 30, 2019, the United States Court of Appeals for the Ninth Circuit determined that though a district court lacked jurisdiction to hear a... Read More
1st Circuit Court of Appeals Rules Loan Transaction Summary Admissible Under FRE 803(b) Business Record Exemption to Hearsay Rule
The U.S. Court of Appeals for the First Circuit recently ruled that a document summarizing the history of a borrower’s account and related loan transactions... Read More
9th Circuit Affirms Approval of Nationwide Class Action Settlement Against Large Automakers
The Ninth Circuit, sitting en banc, recently affirmed the district court’s certification of a nationwide settlement class, approval of a $210 million settlement, and award... Read More
4th Circuit Affirms Class Action Damages Award of over $61M for TCPA Violations
On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit affirmed a jury verdict and an aggregate damages award of $61,243,800, against... Read More
SCOTUS: Title VII’s Charge-filing Rule is not a Jurisdictional Requirement
In a unanimous decision, the U.S. Supreme Court recently ruled that Title VII’s charge-filing rule was a nonjurisdictional claim-processing rule, and not a jurisdictional requirement... Read More
3rd Circuit Finds that Unsolicited Fax was not an Advertisement Under TCPA
A panel of judges on the U.S. Court of Appeals for the Third Circuit recently ruled that an unsolicited request for commercial information via fax... Read More
Fla. Appeals Court Awards Attorney’s Fees After Bank’s Dismissal of Foreclosure
Florida’s Fourth District Court of Appeal recently reversed a trial court’s denial of reciprocal attorney’s fees to two homeowners who were sued for foreclosure by... Read More
CFPB Files Suit Against Credit Repair Companies for Violation of Consumer Financial Protection Act and Telemarketing Sales Rule
The CFPB recently filed suit against a group of credit repair companies for allegedly engaging in unfair and deceptive practices. According to the CFPB, the... Read More
6th Circuit Reverses Dismissal of Payday Loan Breach of Contract Suit
On May 22, 2019, a panel of Sixth Circuit judges reversed the district court’s dismissal of breach of contract claims—filed by short-term loan borrowers against... Read More
SCOTUS Limits Removal of Class Actions to Federal Court
In a 5-4 decision, the U.S. Supreme Court recently held that third-party counterclaim defendants may not remove class actions from state to federal court under... Read More
State Housing Finance Agencies Support HUD on DPA Changes
Housing finance agencies from seven states recently filed an amicus brief in support of HUD’s position against a Utah-based Indian tribe which offers downpayment assistance... Read More
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