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Orrick, Herrington & Sutcliffe LLP

District court rules FDCPA claims survive in fraud case against bank

Orrick, Herrington & Sutcliffe LLP on

On August 13, the U.S. District Court for the Northern District of California granted in part and denied in part the defendant’s motion for summary judgment, allowing the plaintiff’s claim under the FCRA against a bank to...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

MoFo Reenforcement

The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

MoFo Reenforcement on

On February 27, 2017, the U.S. District Court for the Southern District of New York in part denied a renewed motion by Midland Funding, LLC (“Midland”) to dispose of claims brought by Saliha Madden (“Madden”) under the Fair...more

Stinson LLP

CFPB Releases Monthly Complaint Report for September

Stinson LLP on

On October 27, 2015, the Consumer Financial Protection Bureau (CFPB) released its latest Monthly Complaint Report, which provides an overview of three-month trends in consumer complaints. This Monthly Complaint Report also...more

Burr & Forman

FDCPA Bona Fide Error Defense Held Applicable to Statute-of-Limitation Mistakes of Law

Burr & Forman on

Following the Supreme Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), it is clear that the bona fide error defense set forth in section 1692k(c) of the Fair Debt Collection...more

Goodwin

Second Circuit Declines To Allow National Bank Preemption by Assignee of National Bank

Goodwin on

A national bank can charge an interest rate that exceeds state law maximums, but the bank’s assignee cannot, the U.S. Court of Appeals for the Second Circuit ruled recently, in a decision that could impact the ability of debt...more

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