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5th Cir. Holds False Claims Act FHA Claims Not Covered by Professional Liability Insurance

The U.S. Court of Appeals for the Fifth Circuit recently held that the U.S. Department of Housing and Urban Development is not a direct endorsement lender's “client” because HUD did not pay the lender for its services, and therefore HUD was not covered by the direct endorsement lender's professional liability insurance.

Texas AG Sues Houston Business for Operating Online Auction, Alleges Price-Gouging

On March 26, the Texas attorney general acted swiftly, filing a lawsuit against Auctions Unlimited LLC over an online auction that ended on March 24. The auction sparked an article published by the Chicago Tribune entitled  “more than 750,000 masks auctioned for huge markup in Texas while hospitals run out nationwide.”

5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

The U.S. Court of Appeals for the Fifth Circuit recently affirmed entry of summary judgment against a consumer debtor who claimed that a collection letter’s language, implying that interest or other charges (which the debt collector did not collect on debts referred to it by the creditor and were not referenced in the subject credit agreement) could accrue in the event of a default, violated the federal Fair Debt Collection Practices Act (FDCPA).

5th Cir. Holds ‘Minor Defect’ in Notice of Default Not Enough for Wrongful Foreclosure

The U.S. Court of Appeals for the Fifth Circuit recently affirmed entry of summary judgment against a homeowner borrower’s wrongful foreclosure claims premised upon receipt of a defective pre-foreclosure notice that erroneously provided a 30-day deadline to cure from the date the notice of default letter was printed, rather than the day the letter was mailed as required under the terms of the deed of trust. 

Indiana Supreme Court Explains 3 Options Available to Mortgagees as to Statutes of Limitations

The Indiana Supreme Court recently held that there are important legal differences between closed-end installment contracts (such as ordinary mortgage loans) and open-end accounts (such as HELOCs) when considering statute of limitations, and there is no need to impose a rule of reasonableness when a lender sues for payment on a closed-end installment contract.

9th Cir. Rejects Spokeo ‘Standing’ Objection to Nationwide Privacy Class Settlement

The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.

Maryland High Court Holds Private Litigants Cannot Bar AG or CFPB from Separately Suing on Same Claims

The Maryland Court of Appeals recently held that victims on whose behalf money is collected or property is recovered by the Maryland Consumer Protection Division of the Attorney General's Office (CPD) or federal Consumer Financial Protection Bureau have no authority, through a private settlement, whether or not approved by a court, to preclude the CPD or CFPB from pursuing their own remedies.