Supreme Court to Hear Oral Argument in National Bank Act Preemption Case
The U.S. Supreme Court will hear oral argument in the National Bank Act (NBA) preemption case on February 27, 2024. The question before the Supreme... Read More
Litigation Developments
FTC Settles Telemarketing Allegations Against Lead Generator
The U.S. District Court for the Central District of California recently issued an order on stipulation between the FTC and a lead generator and its... Read More
Federal Court Denies Bank’s Request to Block Closure of Master Account
The U.S. District Court for the Southern District of New York recently denied a Bank’s motion for a preliminary injunction to block the Federal Reserve... Read More
MLOs Sue Employer Bank in Overtime Wage Class and Collective Action
A large national bank faces a putative class and collective action brought under the Fair Labor Standards Act (FLSA) and multiple state labor laws by... Read More
2nd Circuit Affirms Dismissal of $400 Million False Claims Act Lawsuit
The Second Circuit recently affirmed a district court’s decision to dismiss a relator’s False Claims Act (FCA) claims, which were filed in connection with a... Read More
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
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
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