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Debt Collection › Statute of Limitations › Class Action

Troutman Pepper Locke

Fourth Circuit Holds Filing a Time-Barred Collections Lawsuit Waives Right to Arbitrate

Troutman Pepper Locke on

After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

Bradley Arant Boult Cummings LLP on

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Spilman Thomas & Battle, PLLC

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

Spilman Thomas & Battle, PLLC on

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

Carlton Fields

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

Carlton Fields on

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

Goodwin

CFPB and FTC File Joint Amicus Brief Related to Time-Barred Debt under the FDCPA

Goodwin on

In its continuing advocacy related to debtors and time-barred debt, the CFPB and FTC jointly filed an amicus brief urging the United States Court of Appeals for the Sixth Circuit to reverse a district court’s decision...more

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