News & Analysis as of

Dismissals Consumer Lenders

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY dismisses some claims and allows Bureau to file amended complaint in military lending case

On March 24, U.S. SDNY released its opinion and order granting dismissal, in part, with respect to counts two through five (and related claims under count six) in a case the CFPB brought against a loan company group (the...more

Womble Bond Dickinson

Courts Repeatedly Dismiss Cases Where Plaintiffs Are Unable To Plausibly Allege Viable Claims Under The Fair Credit Reporting Act

Womble Bond Dickinson on

The entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers, debt purchasers to collection agencies – have faced a recent onslaught of cases filed by consumers under the Fair Credit...more

Rosenberg Martin Greenberg LLP

Consumer Lending Laws May Be A Trap For Even The Wary

It is no surprise to anyone involved in consumer lending that laws designed to protect consumers from inception of the loan relationship through collection of the loan following default vary greatly from state to state and...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Seyfarth Shaw LLP

The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

Seyfarth Shaw LLP on

In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more

Troutman Pepper Locke

New True Lender Case Provides Support for the Bank Partnership Model

Troutman Pepper Locke on

The court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes good public policy. On September 20, the U.S. District Court for the...more

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