News & Analysis as of

Motion to Dismiss › Consumer Financial Products › Putative Class Actions

Orrick, Herrington & Sutcliffe LLP

District court allows lawsuit on earned wage access alleging potential TILA and Pennsylvania usury violations to proceed

Orrick, Herrington & Sutcliffe LLP on

On August 28, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss a proposed class action against a financial services company offering earned wage access products in the form of cash...more

Orrick, Herrington & Sutcliffe LLP

Madden Progeny Update

Orrick, Herrington & Sutcliffe LLP on

The Second Circuit’s decision in Madden v. Midland Funding, LLC was announced in 2015. Since that time, there have been a number of cases brought based on the Second Circuit opinion, as well as recent regulatory proposals...more

Ballard Spahr LLP

The Mortgage Controls: Mortgagors' Dispute Regarding Alleged "Excessive" and "Unreasonable" Property Inspection Fees Fails to...

Ballard Spahr LLP on

In a recent decision, a federal court in the Southern District of New York (SDNY) dismissed a putative class action complaint alleging, among other things, that a mortgage servicer violated the Fair Debt Collection Practices...more

Carlton Fields

Sticking Firmly to Contract Terms, Court Dismisses Premium and COI Overcharge Claims

Carlton Fields on

In July, in Hancock v. Americo Financial Life & Annuity Co., Americo achieved a total victory on its motion to dismiss a putative class action in the Eastern District of North Carolina that challenged its premium and COI...more

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