• 05.08.19

    Co-marketing Program May Violate RESPA, Court Rules

    Ruling on an amended complaint, a Washington federal court refused to dismiss a securities class action alleging that Zillow’s co-marketing program violated the Real Estate Settlement Procedures Act (RESPA).

  • 03.20.19

    Supremes Resolve Circuit Split Under FDCPA Impacting Law Firms

    In a key decision resolving a split among appeals courts, the Supreme Court unanimously ruled today, in Obduskey v. McCarthy & Holthus LLP, that law firms that carry out nonjudicial foreclosures are not considered debt collectors under the Fair Debt Collection Practices Act.

  • 03.13.19

    RESPA New Private Actions? Massachusetts OKs NOE Error Suit

    Just a limited set of Real Estate Settlement Procedures Act (RESPA) claims allow for private rights of action, but the list might be growing larger.

  • 12.19.18

    State Enforcement: Attorneys General Tackle Pension Sales and Robosigning

    State regulatory oversight continues, with Virginia Attorney General Mark R. Herring winning a $50 million court order, albeit by default judgment, against a pension sale company and a coalition of 42 state attorneys general working together to reach a deal over unlawful debt collection.

  • 09.27.18

    Eighth Circuit Backs Bank’s Policy of Termination for Disqualifying Convictions

    A bank did not engage in age bias when it terminated an employee after learning that he had a prior conviction that disqualified him from employment, the U.S. Court of Appeals, Eighth Circuit has affirmed.

  • 09.13.18

    Marking the Decade Since Lehman’s Collapse

    At this ten-year anniversary of the Sept. 15, 2008, failure of investment banking giant Lehman Brothers, it’s time to take stock.

  • 08.16.18

    CFPB News: A Settlement, a Loss and More Leadership Fights

    The Bureau of Consumer Financial Protection (CFPB or Bureau) settled with a Minnesota-based bank for $30 million over the marketing and sale of its overdraft practices, and lost its suit against a law firm accused of violating the Consumer Financial Protection Act (CFPA) and Fair Debt Collection ...

  • 07.05.18

    Might Courts Force Leadership Change at CFPB?

    The future of the Bureau of Consumer Financial Protection (CFPB) remains uncertain, as the nomination of a permanent director turned controversial, and a New York federal court ruled its structure unconstitutional.

  • 07.05.18

    CFPB News: More Reports, Settlements and Actions Dropped

    In another news-heavy cycle, the Bureau of Consumer Financial Protection (CFPB) released a report on year-end credit card borrowing, dropped a potentially major RESPA-based investigation on co-marketing practices, and reached two major settlements.

  • 06.21.18

    NY Federal Judge: CFPB Structure Unconstitutional

    Dismissing the CFPB from a suit it joined with the New York attorney general, a federal judge sitting in New York has ruled that the structure of the Bureau of Consumer Financial Protection (formerly known as the Consumer Financial Protection Bureau, or CFPB) is unconstitutional, requiring ...

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