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Searching Content by Jay Varon from Foley & Lardner ordered by Published Date Descending.
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1
Real Estate Industry Facing Threat Of New TCPA Class Actions
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act ("TCPA")
United States
9 Aug 2019
2
Conover v. Patriot Land Transfer: RESPA's Statute Of Limitations And Equitable Tolling Clash Again
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return
United States
15 Mar 2019
3
China Agritech: The Supreme Court Ends Class Action "Stacking"
This week, in the closely watched case of China Agritech v. Resh, the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe..
United States
13 Jun 2018
4
Justices Scrutinize The Pros And Cons Of Extending American Pipe Tolling
As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action...
United States
4 Apr 2018
5
CFPB Loses Motion For Reconsideration In Borders Case: Its Next Steps May Provide Insight Into The Mulvaney Enforcement Strategy
Following Borders & Borders PLC's (Borders) successful summary judgment motion last summer, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a motion for reconsideration...
United States
27 Mar 2018
6
Will The Supreme Court Allow Class Action Stacking?
Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to...
United States
22 Mar 2018
7
RESPA And UDAAP Enforcement Following The PHH Decision: What To Expect
At this juncture, however, the "new" CFPB has not had much to say in the RESPA arena and we believe core RESPA violations will continue to be enforced vigorously, one way or the other.
United States
8 Mar 2018
8
CFPB Overreaches In Handling Alleged RESPA ABA Exemption Issues In Meridian
The CFPB faulted Meridian for allegedly failing to provide a RESPA disclosure explaining the affiliation with the underwriter...
United States
18 Oct 2017
9
On Remand From Supreme Court In Spokeo, Ninth Circuit Holds FCRA Violation Satisfies Article III Standing
The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court.
United States
22 Aug 2017
10
What Real Estate Settlement Service And Other Consumer Financial Services Providers Need To Know About The CFPBs Final Arbitration Rule
On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule).
United States
21 Jul 2017
11
CFPB Loses Borders Case: The Court Construes RESPA's Statutory ABA Exemption According To Its Plain Language
The court, however, ruled that the defendants were entitled the protection of the ABA exemption as a matter of law, and dismissed the Bureau's case.
United States
20 Jul 2017
12
Fleeting Glimpse Of RESPA Issues In PHH Argument As Court Focuses On Bureau Constitutionality
Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the...
United States
2 Jun 2017
13
Shouldn't You Be Using Arbitration Agreements To Reduce The Costs Of Litigation And The Risk Of Class Action Claims?
Businesses across the country regularly bemoan the time and expense of litigation. Even when businesses are successful in defending non-meritorious consumer claims alleging unfair...
United States
11 May 2017
14
The CFPB's Respa Consent Orders: Eight Key Takeaways
The CFBP on January 31, 2017 issued consent orders settling enforcement claims that a major mortgage lender violated the RESPA in connection with its marketing, desk rental, lead purchase...
United States
16 Feb 2017
15
CFPB Seeks Rehearing Of D.C. Circuit Panel Ruling In PHH: What Now?
The Bureau also seeks to challenge a ruling in the case that the Bureau's unusual structure is unconstitutional.
United States
23 Nov 2016
16
Five Key Takeaways From The D.C. Circuit's PHH Decision
The director also declared that the Bureau is not subject to any statute of limitations if it decides to prosecute claims in its own administrative forum.
United States
20 Oct 2016
17
Increasing Legal Scrutiny Of Website Accessibility In The Real Estate Industry
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements.
United States
7 Jun 2016
18
PHH v. CFPB: "What Is A Kickback?"
On April 12, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in PHH Corporation's milestone legal battle with the Consumer Financial Protection Bureau.
United States
20 Apr 2016
19
Supreme Court Vacancy Leaves Spokeo Outcome Even More Uncertain
This issue affects providers operating under the Fair Credit Reporting Act.
United States
22 Feb 2016
20
A Response To The CFPB'S Recent Compliance Bulletin On MSAs
On October 8, 2015, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a Compliance Bulletin on RESPA Compliance and Marketing Services Agreements ("MSAs")("Compliance Bulletin").
United States
20 Oct 2015
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