Federal Court Allows Incoming Wire Transfer Fee Class Action to Proceed
The U.S. District Court for the Western District of North Carolina recently denied a large national bank’s motion to dismiss a putative class action alleging... Read More
Litigation Developments
5th Circuit Stays Appeal of Decision Which Struck Down New CFPB Exam Manual Which Treated Discrimination as a UDAAP Violation
The Fifth Circuit Court of Appeals stayed the CFPB’s appeal of a recent decision vacating a new agency exam manual which stated that discrimination is... Read More
Virginia Appellate Court Allows Borrower to Assert Fraud Defense Against VA in Unlawful Detainer Action
The Court of Appeals of Virginia recently held that constructive fraud can be raised as an affirmative defense in an unlawful detainer action where the... Read More
Federal Court Dismisses Credit Reporting Agency’s Counterclaim Against CFPB
The U.S. District Court for the Northern District of Illinois recently dismissed a credit reporting agency’s (CRA’s) counterclaim against the CFPB in which the CRA... Read More
Federal Court Limits Treble Damages to Overcharges in RESPA Kickback Suit
The U.S. District Court for the District of Maryland recently held that RESPA’s treble damages provision is properly applied to the amount that each borrower... Read More
Jury Awards $1.78B Verdict in Real Estate Brokerage Fee Antitrust Class Action
In a class action suit in the U.S. District Court for the Western District of Missouri, a jury recently found a real estate trade group... Read More
Bank Settles with DOJ for $9 Million to Resolve Redlining Allegations
The DOJ recently entered into a consent order with a state-chartered bank (Bank) to resolve allegations of redlining. While a court has not yet approved... Read More
District Court Denies Lender’s Second Motion to Dismiss in RESPA Kickback Suit
The U.S. District Court for the Eastern District of North Carolina recently denied motions to dismiss an amended complaint in a putative class action alleging... Read More
District Court Holds SCRA Class Action Not Limited by Arbitration Agreement
The U.S. District Court for the Eastern District of North Carolina recently held that the Servicemembers Civil Relief Act (SCRA), which allows SCRA claims to... Read More
Court Holds Master Servicer May Have Vicarious Liability for Subservicer Under RESPA
A federal district court in Idaho recently held that a master servicer may have vicarious liability for its subservicer’s RESPA violations if the master servicer... Read More
Supreme Court Grants Review on National Bank Act Preemption Case
On October 13, 2023, the U.S. Supreme Court granted a consumer’s petition for certiorari to review a Second Circuit decision holding that the National Bank... Read More
FTC Joins CFPB Amicus Filing Alleging Second Circuit’s Misinterpretation of FCRA Requirement
Last month the FTC and CFPB (the Agencies) filed a joint Amicus Brief in the Second Circuit urging the Court of Appeals to reverse a... Read More
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