Searching Content indexed under Consumer Protection by Joy Harmon Sperling ordered by Published Date Descending.
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First Circuit Requires District Court Of Rhode Island To Justify Foreclosure Stay
In compliance with the First Circuit's ruling, the district court has set a hearing on the question of whether the stay met the requirements for the issuance of an injunction and has invited suggestions from the parties as to time and expense limitations for the mediation process in the event the stay is continued.
United States
4 Jul 2013
Supreme Court Decision May Reduce Debtor Claims Brought Under The FDCPA
Yesterday, the U.S. Supreme Court issued an opinion that may reduce the number of claims brought by debtors under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., or at least cause plaintiffs' counsel to think twice about bringing such claims.
United States
28 Feb 2013
Third Circuit Holds Notice Of Rescission Sufficient To Rescind Loan Under Truth In Lending Act
On February 5, in Sherzer v. Homestar Mortgage Services, Inc., No. 11-4254, 2013 U.S. App. Lexis 2486 (3d Cir. Feb. 5, 2013), the U.S. Court of Appeals for the Third Circuit rendered a precedent-setting decision finding that the borrowers' rescission action, which they filed more than three years after the closing on their loan, was timely.
United States
15 Feb 2013
NJ Supreme Court Rules Consumer Fraud Act Applies To Post-foreclosure Judgment Forbearance Agreements
In a recent decision, "Gonzalez v. Wilshire Credit Corp.", A-99-00 ____ N.J. ____ (Aug. 29, 2011), the New Jersey Supreme Court determined that New Jersey's Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq., applies to a lender's conduct with respect to post-foreclosure judgment forbearance agreements, as such agreements are equivalent to new extensions of credit.
United States
15 Sep 2011
New Jersey Supreme Court Clarifies The Standard For Principals' Individual Liability For Corporate Regulatory Violations
On July 7, 2011, in "Allen v. V and A Bros., Inc." (A-30-10)(066568), the New Jersey Supreme Court affirmed, modified in part, and reversed a June 23, 2010, decision by the Appellate Division.
United States
27 Jul 2011
New Jersey Appellate Court Announces Standard For Obtaining Summary Judgment In An Action To Collect On A Revolving Credit Account
In a recent decision approved for publication, the New Jersey Superior Court, Appellate Division, clarified the standard of proof required to obtain summary judgment in a suit to collect on a revolving credit card account.
United States
26 Jul 2011
Federal Reserve Announces New Rule for Home Appraiser Independence
On October 18, 2010, the Federal Reserve Board of Governors (the "Board") announced a new rule setting standards for appraisals of residences offered as security for consumer credit transactions - 12 C.F.R. § 226.42 (the "Rule" or "Section 42").
United States
27 Oct 2010
Dodd-Frank Act Ushers in New Regulations for Mortgage Originators
The Dodd-Frank Wall Street Reform and Consumer Protection Act, which President Obama signed into law on July 21, 2010, will bring about many regulatory changes - some of which are set forth in the Act itself and others that are to be promulgated by federal regulators within the next 30 months.
United States
1 Sep 2010
New Jersey Consumer Fraud Act: Principals Can Be Held Personally Liable for Company's Regulatory Violations
On June 23, 2010, the New Jersey Appellate Division reiterated the long-established concept that principals of a company who personally participate in the violation of a regulation can be held individually liable for the regulatory violations of their company under the New Jersey Consumer Fraud Act (the "Consumer Fraud Act") even without a showing of knowledge about the alleged unlawful practice.
United States
13 Jul 2010
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