A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more
9/24/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Banking Sector ,
Financial Services Industry ,
Popular ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Text Messages
In a significant opinion issued last week, the U.S. Court of Appeals for the Second Circuit held that the term "capacity," in the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system"...more
In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more
3/28/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Certification ,
Consumer Contracts ,
Contract Terms ,
Debit and Credit Card Transactions ,
Motion to Compel ,
Non-Signatories ,
Putative Class Actions ,
TCPA
The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more
2/6/2017
/ Appeals ,
Banking Sector ,
Beneficiaries ,
Deed of Trust ,
Due Process ,
Foreclosure ,
Fourteenth Amendment ,
Homeowners Association (HOA) ,
Mortgage Lenders ,
Mortgages ,
Motion to Dismiss ,
NV Supreme Court ,
Takings Clause ,
Wells Fargo
The Sixth Circuit Court of Appeals recently held that a limited liability company (“LLC”) constitutes a “person” within the meaning of the Fair Debt Collection Practices Act (FDCPA or the “Act”), in Anarion Investments LLC v....more
8/27/2015
/ Appeals ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Limited Liability Company (LLC) ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Wrongful Foreclosures
Last week, in Morgan Drexen, Inc. v. Consumer Financial Protection Bureau, a divided panel of the D.C. Circuit Court of Appeals affirmed the dismissal of an action challenging the constitutionality of the CFPB. The court did...more
The U.S. Court of Appeals for the 11th Circuit recently held that a class action was not mooted by the unaccepted offers of judgment made by the defendant to each putative class representative in the full amount of his or her...more
In a precedential opinion rendered last week, the U.S. Court of Appeals for the Third Circuit held that the disclosure of a consumer’s account number through the transparent window of a debt collector’s envelope violates...more
The California Court of Appeal recently held that a foreclosure by the beneficiary under a first deed of trust extinguished a junior lien, even though the beneficiary acquired the property by way of a deed in lieu of...more