On March 11, 2025, the New York County Civil Court issued an injunction under the New York Fair Credit Reporting Act (NYFCRA) barring a landlord from reporting to the credit reporting agencies (CRAs) the withheld rent...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
1/3/2025
/ Appellate Courts ,
Billing Errors ,
CARD Act ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Cards ,
Credit Reporting Agencies ,
Credit Reports ,
Debt Collection ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fee Caps ,
Financial Services Industry ,
Foreclosure ,
Jurisdiction ,
Late Fees ,
New York ,
Pro Se Litigants ,
Retroactive Application ,
Statute of Limitations ,
TCPA ,
Time-Barred Claims
On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United...more
On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more
On June 10, 2024, the United States District Court for the Northern District of New York reiterated that a claim for violation of the Telephone Consumer Protection Act (TCPA) cannot be maintained by a consumer who is neither...more
On May 30, 2024, the Supreme Court reversed the Second Circuit’s holding that New York General Obligation Law § 5–601, which mandates banks to pay borrowers the interest accumulated on a balance held in an escrow account for...more
6/28/2024
/ Bank of America ,
Cantero v Bank of America NA ,
Dodd-Frank ,
Escrow Accounts ,
Financial Services Industry ,
Interest Rates ,
International Banks ,
Mortgages ,
National Bank Act ,
New York ,
Preemption ,
RESPA ,
SCOTUS
On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act (FDCPA) constitute a...more