The U.S. Court of Appeals for the Second Circuit has ruled that a lender’s transfer of service letter was an initial communication with a borrower under the Fair Debt Collection…
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The U.S. Court of Appeals for the Second Circuit has ruled that a lender’s transfer of service letter was an initial communication with a borrower under the Fair Debt Collection…
On September 1, 2015, the City of Los Angeles filed a motion in federal district court to dismiss its lawsuit against JPMorgan that alleged the bank had participated in discriminatory…
An amicus brief filed by the Consumer Financial Protection Bureau (“CFPB”) in Edwards v. First American Financial Corp., urging the U.S. Court of Appeals for the Ninth Circuit to abide…
Six financial institution regulatory agencies — The Office of the Comptroller of the Currency (“OCC”), Federal Reserve Board, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National…
A California bill — SB-197 — that amends the California Finance Lenders Law (CFLL) to authorize state-licensed commercial lenders to pay referral fees has been passed by the state legislature…
The California legislature has passed a bill — AB 465 — that would ban California employers from using mandatory employment arbitration agreements, and Gov. Jerry Brown has until October 11,…
A California appeals court has ruled that when a collection agency relies on records created by a predecessor-in-interest, it needs the testimony of the original creditor’s custodian of records before…
A recent California appeals court decision in Agam v. Gavrahas imposed a “losing contract” limitation on reliance damages in a breach of contract suit and articulated the burdens of each…
The U.S. Court of Appeals for the Sixth Circuit has ruled that a limited liability company (“LLC”) can file suit as a “person” under the Fair Debt Collection Practices Act…
The U.S. Court of Appeals for the Ninth Circuit recently ruled that arbitrators have jurisdiction over determining whether or not a mandatory arbitration clause is enforceable. In Brennan v. Opus…
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit has affirmed a lower court ruling that the Federal Trade Commission (“FTC”) has authority to police companies’…
In a matter of first impression, the U.S. Court of Appeals for the Third Circuit has ruled that a debt collector must prove that its communication with a third party…
The Consumer Home Lenders Association (“CHLA”) has notified the Consumer Financial Protection Bureau (“CFPB”) of a potential “black hole” that could impact lenders when the TILA-RESPA Integrated Disclosure (“TRID”) rule…
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit has affirmed a bankruptcy court’s order that a post-petition foreclosure payment is not the property of the debtor’s estate. In In…
The U.S. Court of Appeals for the Ninth Circuit has upheld a district court ruling that a California resident was entitled to recover attorney’s fees from a Georgia bank since…
The Consumer Financial Protection Bureau (“CFPB”) has issued a report on its 2014 “Know Before You Owe” eClosing pilot project, saying that consumers who used electronic closing understand the process…
The Consumer Financial Protection Bureau (“CFPB”) has issued a bulletin providing guidance to mortgage servicers on the cancellation and termination of private mortgage insurance (“PMI”) per the Homeowners Protection Act…
A three-judge appeals panel from the U.S. Court of Appeals for the District of Columbia Circuit has stayed a $109.2 million civil penalty against PHH Corporation by the Consumer Financial…
On August 3, 2015, the California Supreme Court reversed an appellate court decision that an arbitration clause in a consumer contract was unconscionable, finding that an arbitration agreement must be…
The U.S. Court of Appeals for the Ninth Circuit has ruled that the doctrine of unclean hands — when a defendant argues that a plaintiff is not entitled to an…
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