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7th Cir. Holds Separately Reporting Debts to Same Creditor Not ‘Unfair or Unconscionable’ Under FDCPA 

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a debt collector's separate reporting of debts accrued for medical services, rather than aggregated together, violated the federal Fair Debt Collection Practices Act (FDCPA). 

9th Cir. Holds ‘Reasonably Possible’ Punitive Damages Award Supports CAFA Removal

The U.S. Court of Appeals for the Ninth Circuit recently held that a defendant that relies on potential punitive damages to satisfy the amount in controversy for removal under the federal Class Action Fairness Act meets that requirement if it shows that the proffered punitive/compensatory damages ratio is reasonably possible.

Mass. SJC: Debt Collector Can’t Use Arbitration Provision to Thwart Class Action

The Massachusetts Supreme Judicial Court recently affirmed a lower court’s denial of a debt collector’s motion to compel arbitration, holding that the defendant had failed to provide “clear and definite” evidence of the parties’ intent that it benefit from the arbitration provision at issue.

Calif. App. Court (1st Dist) Holds HBOR Does Not Require Borrower to Own the Collateral Property

The Court of Appeals of California, First District, recently reversed entry of judgment on the pleadings in favor of a mortgage loan servicer and the named trustee under the deed of trust against claims raised by a borrower alleging violations of California’s Homeowners’ Bill of Rights.

3rd Cir. Rejects Allegations That Hazard Insurance Premiums Were Fraudulently Inflated

The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of allegations that a mortgage lender colluded with an insurance company and insurance agent to inflate the rate of the borrowers’ force-placed hazard insurance policies in violation of various consumer protection statutes, RICO, and the common law.

Debt Collection Communications Receive New Protection Under U.S. Supreme Court’s Recent TCPA Decision

The U.S. Supreme Court recently decided that a fix was needed to the federal Telephone Consumer Protection Act. But its decision in Barr v. American Assn. of Political Consultants, Inc. provides no TCPA relief for legitimate businesses that use technology to communicate with their customers.

9th Cir. Holds Quiet Title Claims By GSEs Subject to 6-Year HERA Statute of Limitations

The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a "contract" claim with a six-year statute of limitations, and not a "tort" claim subject to a three-year statute of limitations.

Calif. App. Court (1st Dist) Rules FTC’s Holder Rule Preempts State Fee Shifting Laws

The Court of Appeals of California, First District, recently held that the Federal Trade Commission's "Holder Rule" limitation on recovery applies to attorney fees, such that a plaintiff’s total recovery on a Holder Rule claim — including attorney fees — cannot exceed the amount paid by the plaintiff under the contract.

9th Cir. Holds FDCPA Does Not Apply to Judicial Foreclosures If No Deficiency Sought

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment.

Illinois App. Court (2nd Dist) Rejects Post-Sale Challenge to Foreclosure Service of Process

The Appellate Court of Illinois, Second District, recently held that jurisdictional defects in service of process that did not affirmatively appear on the face of the foreclosure court record protected the rights of an innocent third-party foreclosure against the claims of the borrower.