Searching Content indexed under Litigation, Mediation & Arbitration by Melonia Bennett ordered by Published Date Descending.
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Ninth Circuit Vacates Final Approval Of National Settlement Class Action Certification
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018).
United States
6 Mar 2018
Revisiting The Enforceability Of Class Action Waivers In Consumer Financial Contracts
On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) published the final Arbitration Agreements Rule (the rule) that would impact the way claims involving consumer financial products...
United States
1 Aug 2017
Mandatory Disclosure Of Third-Party Funding Agreements For Proposed Class Action Lawsuits
For years, certain lenders have agreed to fund all or part of a party's litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice...
United States
7 Mar 2017
CFPB Proposes Ban To Mandatory Arbitration Provisions
The rule applies to any pre-dispute arbitration agreement between consumers and providers of consumer financial products or services as well as any affiliate of a provider that is acting as a service provider to the provider.
United States
24 May 2016
United States Supreme Court Splits 4-4 On Spousal Guarantor ECOA Discrimination Claim
On March 22, 2016, in Hawkins v. Community Bank of Raymore, No. 14–520, the United States Supreme Court upheld the Eighth Circuit's decision that spousal guarantors could not bring a discrimination claim...
United States
31 Mar 2016
Disparate Impact Continues To Be A Viable Discrimination Theory For The CFPB Under The ECOA
During the hearing, Director Cordray defended the CFPB's enforcement actions against auto lenders under the Equal Credit Opportunity Act ("ECOA") for discrimination based on the theory of disparate impact.
United States
29 Mar 2016
Sixth Circuit Rules On New TCPA Limitations
Mr. Stephen Hill brought suit in federal court, claiming he received 482 unsolicited calls to his cellphone from his creditor, defendant Homeward Residential, Inc. ("Homeward"), seeking to recover payment for his mortgage.
United States
27 Aug 2015
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