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Searching Content indexed under Consumer Protection by Jennifer Keas 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
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
5
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
6
Supreme Court Will Not Look At Spokeo Again, Leaving Lower Courts To Grapple With Article III Uncertainties
On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals' recent decision ...
United States
9 Feb 2018
7
Settlement In Mortgage Discount Points Case Highlights Risk From Claimed Inconsistency Between Representations To Consumers And Actual Practices
A recent settlement of deceptive practice allegations against Peoples Bank of Lawrence, Kansas, (Peoples) by the Board of Governors of the Federal Reserve System (Board of Governors) ...
United States
20 Dec 2017
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
Business Groups File Federal Lawsuit To Challenge CFPB Arbitration Rule
The Arbitration Rule, which was issued in July 2017 but which will not go into effect until March 2018...
United States
18 Oct 2017
10
You Can't Ignore RESPA Section 8(c)
It's been over a year since the CFPB turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of RESPA was not...
United States
22 Sep 2017
11
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
12
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
13
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
14
CFPB Settlements: It's Not Over Until It's Over
Entry of a consent order may settle CFPB allegations, but it is not necessarily the end of the story.
United States
12 May 2017
15
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
16
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
17
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
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
CFPB Director's Divisive View Of RESPA Limitations Period Central To Ongoing UDAAP Action
In the ongoing Integrity Advance enforcement action by the Consumer Financial Protection Bureau ("CFPB" or "Bureau"), the Office of Enforcement this January filed a brief...
United States
2 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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