5th Circuit Holds Minor Noncompliance with Deed of Trust Does Not Void Foreclosure Sale
The Fifth Circuit Court of Appeals recently held that a notice of default with an incorrect curing deadline was a minor defect under the deed... Read More
Litigation Developments
6th Circuit Reverses Ohio District Court on Motion to Dismiss Ruling in FDCPA Case
The Sixth Circuit recently held an Ohio district court erred by dismissing a debtor’s FDCPA complaint because the collection letter offered as an exhibit did... Read More
CA District Court Strikes Nationwide Class Allegations for Lack of Jurisdiction over Out-of-State Class Members
The Southern District of California recently dismissed nationwide class allegations brought by a California resident because the court lacked personal jurisdiction over the non-Californian putative... Read More
5th Circuit Holds CFPB Structure Constitutional despite Collins Precedent
On the same day the Supreme Court heard oral arguments in Seila Law v. CFPB, the Fifth Circuit announced a split decision finding the CFPB’s... Read More
Proposed Settlement in Case Alleging Fraudulent Appraisals for Mortgage Loans
A plaintiff class of borrowers has agreed to a proposed settlement to resolve allegations that a defunct mortgage lender had systematically charged for home appraisals... Read More
US Government Fines Multinational Bank $3 Billion for Falsified Accounts
A large multinational bank recently entered into a settlement agreement with the DOJ and the SEC, agreeing to pay $3 billon to resolve potential criminal... Read More
PA District Court Denies Final Approval of $4 Million TCPA Settlement
A federal district court in Philadelphia recently rejected a $4 million proposed settlement of a TCPA class action in part because the amount was not... Read More
CFPB Settles Long-Running Suit Against Now-Bankrupt Fintech Lender
The CFPB recently settled a case against a fintech company that had been in litigation for two years, over the company’s alleged unfair, deceptive, and... Read More
10th Circuit Agrees that Inaccurate Patient Arrival Time Data Reporting to Medicare Did Not Meet False Claims Act Materiality Requirement
The Tenth Circuit recently affirmed a district court’s grant of summary judgment to the defending Hospital in an action under the False Claims Act (FCA)... Read More
11th Circuit Holds State Guaranty Agency Is Not a Debt Collector Under the FDCPA
The U.S. Court of Appeals for the Eleventh Circuit has found that a state guaranty agency for federal student loans is not a debt collector... Read More
Supreme Court: Denial of Relief from Bankruptcy Stay Is Immediately Appealable
The U.S. Supreme Court recently held unanimously that bankruptcy court orders conclusively denying relief from the automatic stay are immediately appealable. Under 28 U.S.C. §... Read More
11th Circuit Finds TCPA’s ATDS Definition Requires More than Storage of Telephone Numbers
Recently the Eleventh Circuit held that a device is not an Automatic Telephone Dialing System (ATDS) under the TCPA merely because it stores a list... Read More
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