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Calif. App. Court (5th Dist) Holds Lender’s Action to Remove Prior Lien Was Time-Barred

The Court of Appeal of the State of California, Fifth District, recently held a trial court incorrectly applied the statute of limitations on an alleged quiet title claim, where the statute of limitations to foreclose a first deed of trust had already run, and the lien had been extinguished, prior to the filing of the alleged quiet title claim.

9th Cir. Holds Mere Reliance on Contract Provision Not Enough for FDCPA ‘Bona Fide Error’ Defense

The U.S. Court of Appeals for the Ninth Circuit recently held that a debt collector cannot use the “bona fide error” defense to shield itself from liability under the Fair Debt Collection Practices Act (FDCPA) by merely (1) requiring its creditor clients to provide accurate account information, and (2) requesting verification of the account information from its creditor client, but not waiting to receive a response before trying to collect the debts.

9th Cir. Holds Nevada HOA ‘Superpriority Lien’ Statute Does Not Violate Takings or Due Process Clauses

The U.S. Court of Appeals for the Ninth Circuit recently held that the application of Nevada’s “superpriority lien” statute was not an uncompensated taking under the Takings Clause nor did it violate the Due Process Clause of the U.S. Constitution.

9th Cir. Holds Servicer’s Post-Discharge Credit Pulls Did Not Violate FCRA

The U.S. Court of Appeals for the Ninth Circuit recently affirmed entry of summary judgment in favor of a mortgage servicer against claims brought by plaintiff homeowners that obtaining their credit reports after their mortgage loans had been discharged in bankruptcy willfully violated the federal Fair Credit Reporting Act.

Illinois App. Court (1st Dist) Holds Bank Did Not Reasonably Rely on Borrowers’ Misrepresentations

The Illinois Court of Appeals for the First District recently held a bank was not justified in relying on borrowers’ misrepresentations made during a loan modification process, where the borrowers’ prior conduct presented the bank with reason to follow up on the borrowers’ misrepresentations, and the misrepresentations would not have been hard to discover.

9th Cir. Holds Single Website Visit Not Enough To Activate Change in Terms

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order compelling arbitration, holding that a single website visit by a consumer long after she entered into a contract with a credit reporting agency (CRA) that contained a change-of-terms provision did not bind the parties to changed terms in the updated contract, including exempting some claims from binding arbitration, because the consumer did not allege that she was aware of the changed terms as required to assent to the new terms.  

Consumer Data Rulemaking Underway at CFPB: Here Are Four Things Your Company Should Know Plus a Webinar

The Consumer Financial Protection Bureau released its Advance Notice of Proposed Rulemaking (ANPR) on Oct. 22, seeking comment on 46 questions in nine categories surrounding consumer access to financial information under section 1033 of the 2010 Dodd-Frank Act (12 U.S.C. § 5533).

7th Cir. Rejects FDCPA Claims That Collection Letters Falsely Implied Future Interest and Late Fees

The U.S. Court of Appeals for the Seventh Circuit recently held that factually accurate collection letters that did not make explicit or implicit suggestion about future outcomes did not violate the federal Fair Debt Collection Practices Act as they would not confuse or mislead the reasonable unsophisticated consumer.

11th Cir. Holds Debtor Cannot Use State Law to Revive Time-Barred FDCPA Claim

The U.S. Court of Appeals for the Eleventh Circuit, in an unpublished opinion, affirmed a trial court order dismissing a consumer’s lawsuit holding that Georgia’s renewal statute, O.C.G.A. § 9-2- 61, did not save a claim that is otherwise time-barred under the federal Fair Debt Collection Practices Act (FDCPA).