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Illinois App. Court (1st Dist) Rejects Borrowers’ Allegations of Fraudulent Reverse Mortgage Scheme

In an action by a group of borrowers who alleged a fraudulent reverse mortgage scheme, the Appellate Court of Illinois, First District, recently affirmed the trial court’s judgment against the borrowers, and held that neither the discovery rule nor the continuing violation rule tolled the five-year statute of limitations for the borrowers’ declaratory judgment claims, making them untimely.

Calif. App. Court (2nd Dist) Holds Bank Owed Duty of Care to Deposit Customer as to Blocked Account

The California Court of Appeal, Second Appellate District, recently reversed a trial court's ruling, and held that a defendant bank owed the plaintiff law firm a duty of care based on the special relationship the bank had with the law firm as an intended beneficiary of a probate court’s blocked account order.

Calif. App. Court (4th Dist) Reverses Dismissal, Holds Rosenthal Act Covers Debts ‘Alleged to be Due and Owing’

The Court of Appeal of California (Fourth District) recently reversed a trial court’s dismissal of a putative class action alleging a solar energy system provider violated the Rosenthal Act, California’s parallel version of the federal Fair Debt Collection Practices Act.

7th Cir. Rejects County’s Allegations That Lenders Engaged in ‘Integrated Equity-Stripping Scheme’

In an action by Cook County, Illinois against various lenders for alleged increased expenses supposedly arising from heightened default rates, in which the County asserted that the lenders engaged in an “integrated equity-stripping scheme," the U.S. Court of Appeals for the Seventh Circuit recently affirmed a summary judgment ruling in favor of the defendant banks.

7th Cir. Holds Hiring Attorney, Paying Appearance Fee, Emotional Distress Not Enough for Article III Standing

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act lawsuit for lack of Article III standing. In so ruling, the Seventh Circuit held that the debtor’s hiring an attorney and paying an appearance fee, as well as alleged confusion, lost sleep, and emotional distress, were not sufficient to meet the requirements of standing.

9th Cir. Holds TCPA ‘Prerecorded Voice’ Did Not Apply to Text Messages

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s dismissal of a putative class action brought under the federal Telephone Consumer Protection Act. In so ruling, the Ninth Circuit held that the text messages at issue did not use “prerecorded voices” under the TCPA because they did not include audible components.